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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 22, 2020 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:00 P.M. WORK SESSION Note: Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.5:00 P.M. Interview Interim City Manager Candidates 2.6:15 P.M. Avienda Update B.CALL TO ORDER C.PUBLIC ANNOUNCEMENTS 1.Todd Gerhardt Retirement Proclamation D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. 1.Approve City Council Minutes dated June 8,2020 2.Receive Planning Commission Minutes dated June 2, 2020 3.Approve a Request for Setback Variances to Install a Septic System in the NW Corner of Property Located at 565 Lakota Lane 4.Approve Amendment to Chanhassen City Code Chapter 20 to Remove Residential Restrictions for Regional/Lifestyle Center Planned Unit Developments (PUDs) 5.Approve Final Plat, Development Contract and Construction Plans and Specifications with Variances for Boylan Shores 6.Resolution 2020XX: Authorize Entering into a Cooperative Agreement with MnDOT for the ChanhassenCrossroads Boulevard Planting Project 7.Resolution 2020XX: Establish Two New Polling Place Locations for the 2020 Elections AGENDACHANHASSEN CITY COUNCILMONDAY, JUNE 22, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.5:00 P.M. Interview Interim City Manager Candidates2.6:15 P.M. Avienda UpdateB.CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Todd Gerhardt Retirement ProclamationD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated June 8,20202.Receive Planning Commission Minutes dated June 2, 20203.Approve a Request for Setback Variances to Install a Septic System in the NWCorner of Property Located at 565 Lakota Lane4.Approve Amendment to Chanhassen City Code Chapter 20 to Remove ResidentialRestrictions for Regional/Lifestyle Center Planned Unit Developments (PUDs)5.Approve Final Plat, Development Contract and Construction Plans and Specificationswith Variances for Boylan Shores6.Resolution 2020XX: Authorize Entering into a Cooperative Agreement with MnDOTfor the ChanhassenCrossroads Boulevard Planting Project 7.Resolution 2020XX: Establish Two New Polling Place Locations for the 2020 Elections 8.2020 4th of July Fireworks Display Closure of Greenwood Shores Park E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda) 1.State of the Library Heidi Hoks and Patrick Jones F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update G.OLD BUSINESS 1.Resolution 2020XX: Call for Public Hearing on proposed assessments for Lake Lucy Road Rehabilitation Project 2.Resolution 2020XX: Call for Public Hearing on proposed assessments for 2020 Street Improvement Project H.PUBLIC HEARINGS I.NEW BUSINESS J.COUNCIL PRESENTATIONS 1.Appoint Interim City Manager K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 06222020 M.ADJOURNMENT N.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. AGENDACHANHASSEN CITY COUNCILMONDAY, JUNE 22, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.5:00 P.M. Interview Interim City Manager Candidates2.6:15 P.M. Avienda UpdateB.CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Todd Gerhardt Retirement ProclamationD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated June 8,20202.Receive Planning Commission Minutes dated June 2, 20203.Approve a Request for Setback Variances to Install a Septic System in the NWCorner of Property Located at 565 Lakota Lane4.Approve Amendment to Chanhassen City Code Chapter 20 to Remove ResidentialRestrictions for Regional/Lifestyle Center Planned Unit Developments (PUDs)5.Approve Final Plat, Development Contract and Construction Plans and Specificationswith Variances for Boylan Shores6.Resolution 2020XX: Authorize Entering into a Cooperative Agreement with MnDOTfor the ChanhassenCrossroads Boulevard Planting Project7.Resolution 2020XX: Establish Two New Polling Place Locations for the 2020Elections8.2020 4th of July Fireworks Display Closure of Greenwood Shores ParkE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)1.State of the Library Heidi Hoks and Patrick JonesF.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Fire Department Update2.Law Enforcement UpdateG.OLD BUSINESS1.Resolution 2020XX: Call for Public Hearing on proposed assessments for Lake LucyRoad Rehabilitation Project2.Resolution 2020XX: Call for Public Hearing on proposed assessments for 2020Street Improvement ProjectH.PUBLIC HEARINGSI.NEW BUSINESSJ.COUNCIL PRESENTATIONS1.Appoint Interim City ManagerK.ADMINISTRATIVE PRESENTATIONSL.CORRESPONDENCE DISCUSSION1.Review of Claims Paid 06222020M.ADJOURNMENTN.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council. That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required tocomplete and submit a Citizen Action Request Form. An online form is available athttps://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior tothe meeting.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. Whencalled upon to speak, state your name, address, and topic. All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject 5:00 P.M. Interview Interim City Manager Candidates Section 5:00 P.M. WORK SESSION Item No: A.1. Prepared By Todd Gerhardt, City Manager File No: SUMMARY 5:00 p.m. Heather A. Johnston 5:30 p.m. Frank F. Boyles III ATTACHMENTS: Heather Johnston Resume Frank Boyles III Resume Heather A. Johnston, M.P.A. l0hajohnston@gmail.com (6s1) 470-8886 Eagan, Minnesota 55L22https:/,/www. I inked i n.com/in/heather-a-joh nston/ Executive Profile Accomplished senior-level leader with proven ability to promote innovation and efficiency in federal, state and localgovernment. Skilled at mentoring and building teams to achieve goals. Skill Highlights 15+ years of management in complex governmental organizations. Budget development and forecasting in federal, state and local government. Communication and collaboration with elected officials, and internal and external stakeholders. Diverse experience in bringing together disparate parties to find common ground. Committed to building and leading strong teams. Proven ability to enhance the efficiency of existing operations. I Gore Accomplishments Business Process lmprovement ' Spearheaded City of Minneapolis efforts to merge closed pension funds into the statewide pension fund, improving efficiency and stabilizing financial outlook for pensioners and employers. ' Led City of Minneapolis staff efforts to consolidate the Minneapolis and Hennepin County Library systems.. Developed proactive, data-driven approach to reducing workers' compensation claims at the City of Burnsville by implementing targeted worker's safety initiatives. Fiscal Management ' Translated technical budget data in formal and informal documents at the City of Burnsville into clear messages in order to improve the communication of financial information.. Directed budget development for ten structurally-balanced budgets for the City of Minneapolis, aiding in the restoration of the City's Aaa bond rating. PROFESSIONAL EXPERIENCE INDEPEN DENT CONTRACTOR Senior Vice President, Executive Recruitment, Strategic Government Resources, 01/2019 - present. Lead nationwide searches for senior-level positions at municipalities Senior Consultant, Rapp Consulting, 1012019 - present. Assist in strategic planning sessions localgovemments and commissions ' Conduct analyses for local governments to ensure alignment of services with strategic goals and priorities Budget Reviewer and Trainer, Government Finance Officers Association,10l2O18 - present ' Provide training on various topics, including Managing the Budget Process ' Review local government entities budget documents for alignment with best practices CITY OF BURNSVILLE, Burnsville, Minnesota City Manager,0412013 - 0712018 ' Leader of 278 staff, including seven directreports in the conductand execution of the duties of City Manager for a city of over 61 ,000 residents with a 9109 million budget ' Clearly framed significant policy issues to enable the Council to provide policy direction Heather A. Johnston lnitiated structural changes to ensure the development of an effective municipal organization Led department directors in planning and coordinating division activities to ensure effective management of the City's financial affairs Presented recommendations to the City Council concerning policies and objectives, supported their goals by ensuring long-term planning and sustainable funding for initiatives Communicated significant matters to Council in all operational and policy areas Ensured proper public relations and follow-up on residents' concerns Maintained effective relationships with community organizations and members through regular engagement and customer-focused service provision l\ilonitored legislative issues that impacted the City and engaged with proper policy makers to foster awareness of how proposals affected our community Enforced and recommended changes to ordinances and resolutions to provide more responsive services to residents and businesses CITY OF BURNSVILLE, Burnsville, Minnesota Director of Administrative Services and Chief Financial Officer, 1012011 - 0412013. Provided direction and recommendations on Citywide financial and budget issues. Advanced the City's e-government capabilities by promoting technology to improve City services including expansion of on-line services such as permits. Provided strategic Auidance to City Manager as a member of the senior management team. Directed process for development and production of budget for the City of Burnsville, leading a team of 35 people, developing a strategy to engage all departments.. Promoted efficient and effective service delivery to senior management in lnformation Technology, City Clerk, Communications, Community Services and Finance areas. General oversight of the development of City financial and measurement documents. Oversaw public funding aspects of infrastructure and economic development projects. Ensured compliance with the City's financial policies and plans. Served on policy committees representing the Burnsville at the League of Minnesota Cities. Directed the development of training ranging from grants management to software implementation, creating repeatable processes to reduce costs and errors. Supervised six managers in financial accounting and operations, communications, community services and information technology 2 P age MINNEAPOLIS FINANCE DEPARTMENT, Minneapolis, Minnesota Director, Management and Budget Division, 0312004 - 1012011 lnterim Chief Financial Olficer,0212011 - 0512011. City's staff lead on implementation of Library Board merger into the Hennepin County system. Led reimbursement process with the federal government on the 35W Bridge collapse. Primary staff person responsible for merger of Minneapolis pension funds into state plans. Provided executive level direction forthe Finance Department and on Citywide financial issues. Directed process for development and production of $1 billion budget for the City of Minneapolis. Supervised six employees in l\ilanagement and Budget Division. Advised departments and elected officials on City issues to develop creative solutions to challenges. Successfully led effort to restore and retain the City's Aaa credit rating. Communicated rationale for financial decisions to elected officials, the public and other parties. Performed duties of Chief Financial Officer on an interim basis. Testified in court on behalf of City regarding pension plan implementation. Responded to inquiries from the public and press. ldentified areas for Citywide financial analysis and direct work of staff on analysis. lnitiated and implemented changes to City financial policies to help secure future bond ratings. Supported lntergovernmental Relations in work with Legislature on issues impacting the City. Worked with federal officials on securing reimbursement under emergency declaration Heather A. Johnston MINNESOTA MANAGEMENT & BUDGET (fomerty Finance Department), St. paul, Minnesota Senior Executive Budget Officer, Budget Services Division, 1012002 - 0212004 Executive Budget Officer, Budget Services Division, 0211999 - 0912002 ' Monitored and analyzed programs and budgets related to K-12 and higher education programs. Led working groups, including development of statewide policy on grant management. Mentored and trained new employees, including updating training manual. Volunteered as employee mediator for State Workplace Mediation program. Supervised Education & State Government team during Team Leader's absence. Wrote decision papers for policy makers and informational materials for the public ' lnitiated policy analyses of K-12 and higher education finance issues and developed options for improvement ' Communicated education and financial policies to state agencies, the legislature and the public. Served on several inter- and intra-departmental working groups and commiftees U.S. OFFICE OF MANAGEMENT AND BUDGET, Washington, D.C. Program Examiner, Transportation, Commerce, Justice and Services Division, 07/1996 - O1/1999 Budget Preparation Specialist, Co-op Program, Budget Review and Concepts Division, 01/1996 - 06/1996 ' Analyzed and monitored programs and budgets within the General Services Adminishation (GSA) ' Communicated Administration policies on D.C. criminaljustice issues to agencies and the public ' lnitiated and wrote policy analyses of programs in GSA's Federal Supply and Technology Services. Supervised graduate intern, including overseeing projects and analysis ' Responded to requests for budgetary information from the While House and Director of OMB, Reviewed materials for inclusion in the President's budget documents ' Critiqued agency plans for implementation of the Government Performance and Results Act. Received Division Superior Achievement Awards, 1996-97 and 1997-98 BOARD POSITIONS AND PROFESSIONAL SERVICE. National Civic League, Board Member and Treasurer, 1212017 - presenl ' Government Finance Officers Association's (GFOA), President 201 5-2016, Executive Board and Committee Member. Mehopolitan Council, Audit Committee Member, 0612012 - 2015. League of Minnesota Cities Committee Member, various committees ' lnvestment Advisory Council to the lvlinnesota State Board of lnvestment, Public Employee lvlember, 0712003 - 1212010. Board Member, Minneapolis Employees Retirement Fund, 05/2008 - 0612010. Board Member, Minneapolis Police Relief Association, 0612009 - 0612011 ' Presented to international, national, state and local audiences on topics including public finance, funding and use of technology, performance measurement and engaging the community ln decision making, including teaching formal haining courses. COMMUNITY SERVICE. Committee lvlember on Citizens League's PILOT project, St. paul, MN ' Member, Harvest Fund and Personnel committees, Augustana Lutheran Church, West St. Paul. Volunteer, Feed My Starving Children, Eagan, Minnesota EDUCATION AND TRAINING ' The George Washington University, Washington, D.C.; Master of Public Administration ' Augsburg College, Minneapolis, Minnesota; B.A. magna cum laude, Majors: Political Science and Communication ' Certified by FEMA in multiple levels of the lncident Command System and other emergency preparedness training. 3lPage Heather A. Johnston REFERENCES AVAILABLE UPON REQUEST 4lPage FRANCIS F. BOYLES III 5153 Hope Street, Prior Lake, MN. 55372 .952-292-O4OO frank10350@mchsi.com 2020 To improve myself, my family, the communities and educational institutions I am part of through collaboration and unified effort. EXPERIENCE AUGUST 2019 TO DECEMBER 2019 ADJUNCT PROFESSOR MINNESOTA STATE UNIVERSITY MANKATO Co-Taught Urban and Regional Studies lnstitute Course URBS 667 which is a studio class for second year graduate students working as consultants to The League of Minnesota Cities. MARCH 1993 TO AUGUST 2Ot9 (26 YEARS) CITY MANAGER, C]TY OF PRIOR LAKE, MINNESOTA Developed a park system of 57 parks, built seven public buildings, planned, built and maintained S+00 million in public infrastructure. Created skilled, productive and collaborative staff next to none in the metropolitan area. Reputation throughout Scott County as a cooperative ally. Demonstrated resilience, positive working relationship and achievement working for six mayors and twenty different city council members over 26 years. Facilitated collaboration with others especially all members of SCALE and particularly the Shakopee Mdewakanton Sioux Community, Scott County, and the ISD 719 School District. MARCH 1977 TO MARCH 1993 (16 YEARS) ASSISTANT CITY MANAGER, CITY OF PLYMOUTH, MINNESOTA Acted as city human resource director in all respects, purchasing agent including annual budget preparation and bi-weekly city council agenda packets. Developed, implemented and promoted the first ever Metropolitan Area Transit Demonstration Program aka "Opt-Out" known as Plymouth Metrolink, JUNE 1973 TO L977 (4 YEARS) ADMINISTRATIVE ASSTSTANT, CtTy OF RTCHFIELD, MTNNESOTA lmplemented Employee Safety Program, acted as purchasing agent, lmplemented zero based budgeting for sewer and water budgets. EDUCATION MAY,L977 MASTER OF THE ARTS, MINNESOTA STATE UNIVERSITY, MANKATO MAJOR: URBAN AND REGIONAL STUDIES EMPHASIS: ORGANIZATIONAL DEVELOPMENT JUNE, 1973 BACHETOR OF THE ARTS, UNIVERSIry OF MINNESOTA, TWIN CITIES MAJOR: POLITICAL SCIENCE EMPHASIS: AMERICAN POLITICAL THOUGHT AND GOVERNMENTAL INSTITUTIONS MARCH, 1970 ASSOCIATE OF THE ARTS, NORMANDALE STATE COLTEGE NO MAJOR . Achieving win-win solutions . . Using public process to achieve intended results . . Communicating for shared understanding . Working hard on all tasks Developing senior staff Learning everyday ACTTVITIES WORK RELATED Past President of Metro Cities and perennial member of Metropolitan Agencies, General Legislation and Transportation Policy committees in addition to membership on various task forces. Chair ofScott County Association for Leadership and Efficiency (SCALE) Service Delivery Committee, and Member of SCALE Executive Board since its inception in 2003. Board Member of Prior Lake Area Chamber of Commerce. OUTSIDE OF WORK Prior Lake Rotarian for 25 years: Past President, Community Service chair, VocationalCommittee chair, perennial fine master and nine-year Transportation Chair for Lakefront Music Fest current event co- cha ir. Paul Harris Fellow, Prior Lake Rotary, 2019 Cluemaster Junior Achievement Teacher for various high school junior and senior high school classes for 20 years STRIVE Mentor for disadvantaged high school students for six years Guest lecturer for graduate and undergraduate classes at Hamline, Normandale and Mankato U niversities 2 SKILLS REFERENCES Dr. Miriam Porter, PhD., Minnesota State University Mankato. (507) 389-5032, M irla m=pellel(Q rn ngg€dg. David Unmacht, Executive Director of the League of Minnesota Cities. (651)-281-1205, d u n macht@ lmc.o rR. Mark Nagel, Assistant City Administrator of Elko-New Market. (612)-280-9659 mnagel@ci.enm.mn. us. Kirt Briggs, Mayor, City of Prior Lake, Minnesota. (6121-889-2250, kbrisgs@citvof priorlake.com. Jason Wedel, City Manager, City of Prior Lake, Minnesota. (612)-369-3931, iwedel @citvofpriorlake.com. 3 CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject 6:15 P.M. Avienda Update Section 5:00 P.M. WORK SESSION Item No: A.2. Prepared By Kate Aanenson, Community Development Director File No: SUMMARY This discussion item is based on input that was received from the June 2, 2020 Planning Commission meeting. This item is scheduled for approval at the July 13, 2020 City Council meeting. The developer is requesting to Amend the Preliminary Plat for the subdivision to 19 lots, 3 outlots, and dedication of public rightofway, as well as amend the PUD. The Conditional Use Permit and Variances for development in the Bluff Creek Corridor and the Wetland Alteration Permit to fill 4.4659 acres of wetland were approved with the original preliminary plat dated June 10, 2019 and the standing remains. BACKGROUND November 1, 2016: The Planning Commission recommended conceptual approval of the PUD. November 28, 2016: The City Council gave conceptual approval of the PUD. February 27, 2017: During its Work Session, the City Council reviewed the significant issues of the Alternative Urban Areawide Review (AUAR). February 28, 2017: An open house was held. March 7, 2017: The Planning Commission held a public meeting to review the proposed update to the AUAR document. The Planning Commission forwarded their comments to the City Council. March 13, 2017: The City Council authorized publication in the Environmental Quality Board (EQB) Monitor for April 3, 2017 and closing the AUAR comment period on April 17, 2017. May 8, 2017: The City Council adopted a final resolution for the updated AUAR and Mitigation Plan. May 6, 2017 and June 6, 2017: The Planning Commission held pubic hearings on the plan. June 20, 2017: The Planning Commission recommended preliminary plat approval. July 10, 2017: The City Council approved the preliminary plat creating 17 lots, 3 outlots, and dedication of public rightofway for public streets (115.519 acres); and Rezoning of 115.519 acres of property zoned Agricultural Estate District, A2, to Planned Unit DevelopmentRegional Commercial District (PUDRC). Design Standards; and a Conditional Use Permit to encroach into the primary zone and required buffer for development in the Bluff Creek Corridor; Wetland Alteration Permit to 4.897 acres of permanent wetland impacts as shown in plans dated April 14, 2017 and June 13, 2017, to request to construct into the primary zone and required buffer for development in the Bluff Creek Corridor. June 25, 2018: The city approved the final plat and grading permit. April 8, 2019: The Chanhassen City Council approved the extension of the final plat and grading permit to December 31, 2019 and extinguished the final plat for Avienda but allowed for grading. December 9, 2019: The Chanhassen City Council approved the extension of the preliminary plat until June 30, CITY COUNCIL STAFF REPORTMonday, June 22, 2020Subject6:15 P.M. Avienda UpdateSection5:00 P.M. WORK SESSION Item No: A.2.Prepared By Kate Aanenson, CommunityDevelopment Director File No: SUMMARYThis discussion item is based on input that was received from the June 2, 2020 Planning Commission meeting. Thisitem is scheduled for approval at the July 13, 2020 City Council meeting.The developer is requesting to Amend the Preliminary Plat for the subdivision to 19 lots, 3 outlots, and dedication ofpublic rightofway, as well as amend the PUD. The Conditional Use Permit and Variances for development in theBluff Creek Corridor and the Wetland Alteration Permit to fill 4.4659 acres of wetland were approved with theoriginal preliminary plat dated June 10, 2019 and the standing remains.BACKGROUNDNovember 1, 2016: The Planning Commission recommended conceptual approval of the PUD.November 28, 2016: The City Council gave conceptual approval of the PUD.February 27, 2017: During its Work Session, the City Council reviewed the significant issues of the AlternativeUrban Areawide Review (AUAR).February 28, 2017: An open house was held.March 7, 2017: The Planning Commission held a public meeting to review the proposed update to the AUARdocument. The Planning Commission forwarded their comments to the City Council.March 13, 2017: The City Council authorized publication in the Environmental Quality Board (EQB) Monitorfor April 3, 2017 and closing the AUAR comment period on April 17, 2017.May 8, 2017: The City Council adopted a final resolution for the updated AUAR and Mitigation Plan.May 6, 2017 and June 6, 2017: The Planning Commission held pubic hearings on the plan.June 20, 2017: The Planning Commission recommended preliminary plat approval.July 10, 2017: The City Council approved the preliminary plat creating 17 lots, 3 outlots, and dedication ofpublic rightofway for public streets (115.519 acres); and Rezoning of 115.519 acres of property zonedAgricultural Estate District, A2, to Planned Unit DevelopmentRegional Commercial District (PUDRC).Design Standards; and a Conditional Use Permit to encroach into the primary zone and required buffer fordevelopment in the Bluff Creek Corridor; Wetland Alteration Permit to 4.897 acres of permanent wetlandimpacts as shown in plans dated April 14, 2017 and June 13, 2017, to request to construct into the primaryzone and required buffer for development in the Bluff Creek Corridor.June 25, 2018: The city approved the final plat and grading permit.April 8, 2019: The Chanhassen City Council approved the extension of the final plat and grading permit to December 31, 2019 and extinguished the final plat for Avienda but allowed for grading. December 9, 2019: The Chanhassen City Council approved the extension of the preliminary plat until June 30, 2020 and permitted grading as stated in the conditions of approval and in accordance with the preliminary plat approvals. DISCUSSION The minutes from the June 2, 2020 Planning Commission regarding this item can be found in the City Council packet. Staff and the developer are prepared to review the changes from the previous plan. ATTACHMENTS: Development Plan Plan Sheet 13,000 S.F. x 3 STORIES6,000 S.F.41,000 S.F. x 3 STORIESU S H w y 2 1 2 Lyman BoulevardPowers BoulevardBluff Creek Boulevard Bethesda CircleLyman BoulvevardRiver Rock Drive N Jersey WayRIVER ROCK DR SDegler CircleSunset TrailMills DriveJeurissen Lane Powers BoulevardWETLAND 3WETLAND4WETLAND1025,000 S.F. X 3 STORIESOFFICEOFFICERETAIL6,000 S.F.RETAIL8,000 S.F.RETAIL10,000 S.F.RETAILRETAIL17,000 S.F.50,000 S.F.15,000 S.F.RETAILRETAILRETAILRETAILHOTEL7,000 S.F.10,000 S.F.7,000 S.F.RETAILRETAIL6,000 S.F.25,000 S.F. X 3 STORIES17,000 S.F.60,000 S.F.15,000 S.F.10,000 S.F.8,000 S.F.15,000 S.F.10,000 S.F.8,000 S.F.8,000 S.F.FITNESS RETAIL8,000 S.F.RETAILENTERTAINMENT / FLEXRETAILRETAILRETAILREST.5,000 S.F.RETAILRESTRESTRETAIL 11,000 S.F.48,000 S.F. X 5 STORIESAPARTMENTSSENIOR 40,000 S.F. x 3 STORIESSENIOR25,000 S.F. X 3 STORIESOFFICE6,000 S.F.RETAILBluff Creek BoulevardAvienda ParkwayPR 1PR 26251923599736121179921023542336103934294246G259AFHIJKLMOPQRCDR/WR/WR/WR/WR/WR/WNBELandform and Site to Finish are registered service marks of Landform Professional Services, LLC.RRin collaboration with: LEVEL 7 DEVELOPMENTRSP ARCHITECTS · WELSH AND COLLIERSAVIENDA · Chanhassen, MNRegional MapLegendStallFuture Traffic SignalExisting Traffic SignalStall CountPublic Right Of WayRegional CommercialOfficeHigh Density ResidentialMedium Density ResidentialPreservationPondingNORTH0150300Wetland and BufferPRR/W12494103941695169556210062MISSISSIPPIRIVERBLOOMINGTONMINNEAPOLIS35WSITE949469435W35W3535E494494949435W21216916910012MINNESOTARIVERCHANHASSENMAPLEGROVEDP7.3DEVELOPMENT PLAN 7.3MAY 01, 2020 Development DataSection GrossArea(Acres)NetDevelopableArea(Acres)BuildingArea (S.F.)ParkingStallsUnits/BedsParkingRatio(Stalls per1,000 S.F.or per Unit)15.7415.74131,0006254.85.084.00120,0001501501.29.087.2876,000n/a312.742.7422,400n/a83.803.80120,0002791502.30.880.886,000233.812.8712.87225,00010234.52.032.0310,000545.41.521.5239,0001031002.61.851.856,0009215.31.781.788,00012115.13.993.9922,0001928.77.867.8666,0003595.47.067.06167,0004612502.82.492.4918,000975.41.531.538,0009311.61.401.408,000425.31.881.8817000945.513.760.00n/an/a20.870.00n/an/a1.660.00n/an/aTotal119.8780.701,069,4003,808689n/aABCDEFGHIJKLMNOPPR 1R/WPR 2QRNotesDevelopment plan shown for schematicpurposes only and subject to change. CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Todd Gerhardt Retirement Proclamation Section PUBLIC ANNOUNCEMENTS Item No: C.1. Prepared By File No: CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Approve City Council Minutes dated June 8,2020 Section CONSENT AGENDA Item No: D.1. Prepared By Nann Opheim, City Recorder File No: PROPOSED MOTION “The City Council approves the City Council minutes dated June 8, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Summary Minutes dated June 8, 2020 City Council Verbatim Minutes dated June 8, 2020 City Council Work Session Minutes dated June 8, 2020 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JUNE 8, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Charlie Howley, Jerry Ruegemer, Todd Hoffman, Greg Sticha, Jill Sinclair, Roger Knutson, Chief Don Johnson, and Matt Kerr Mayor Ryan reviewed the guidelines for conducting a Zoom meeting before approving the agenda as published. PUBLIC ANNOUNCEMENTS: Mayor Ryan read the list of 2020 Arbor Day Poster Contest winners as follows: From St. Hubert School: Lydia Katz Lillian Katz Delaney Mirau Aevaleen Hesse From Chapel Hill Academy: Audrey Krone From Bluff Creek Elementary: Ryleigh Berber Mary Cushman Amanda Springer Noah Escolero Esther Gilbertson, the Grand Prize Winner SHERIFF JASON KAMERUD, CARVER COUNTY. Mayor Ryan shared her weekly letter that was posted on the City’s social media site before introducing Sheriff Jason Kamerud to speak about the sheriff’s departments policies and practices. City Council Summary – June 8, 2020 2 CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated May 26, 2020 2. Receive Planning Commission Minutes dated May 5, 2020 3. Release of Development Contracts for McGlynn Park 4. Resolution #2020-38: Support for Carver County Regional Solicitation Application for Highway 5 Arboretum Area Federal Funding Request 5. Approval of ERSI Software Agreement with Carver County 6. Amendment to Lease Agreement with Verizon Wireless at Water Tower #3 7. Receive 2019 Park and Recreation Department Annual Report 8. Resolution #2020-39: Replace Resolution 2020-23 Establishing Grant Award Program for Liquor License Expense of Local Bars and Restaurants 9. Pulled by Councilman McDonald for separate discussion 10. Approve Fireworks Display at Lake Ann Park, July 4, 2020 11. Approve Temporary Modifications of the Licensed Premises to Serve On-Sale Beer and Wine in Kai’s Sushi & Grill Sidewalk/Parking Lot Area. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATION. TOUR DE TONKA 2020 – TIM LITFIN, MINNETONKA COMMUNITY EDUCATION. Tim Litfin provided background information on the event’s 15 year history and outlined the schedule of events planned for this year’s event. Mayor Ryan asked for clarification on how registration and donations to the ICA Food Shelf will be handled. DAVID BISHOP CITIZEN ACTION REQUEST FORM. David Bishop recalled the death of Philando Castile by a law enforcement officer in Falcon Heights and requested that the City of Chanhassen look at severing ties with the Carver County Sheriff’s Office to implement their own police department. City Council Summary – June 8, 2020 3 Jim Manders, 6791 Chaparral Lane suggested the City needs to do something to clarify and market that the Arboretum and Camp Tanadoona are in Chanhassen. CONSENT AGENDA: 9. APPROVAL OF 4TH OF JULY FIREWORKS PLAN. Jerry Ruegemer discussed the four options being discussed for the 4th of July fireworks display. Councilman McDonald explained that he pulled this item off the consent agenda to provide the public with this information. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the proposed plan that includes closing Lake Ann Park at 5:00 p.m. to display fireworks at Lake Ann Park in a manner that meets the current Executive Order from the Governor of the State of Minnesota as of June 8, 2020. Furthermore the Council grants approval to the planning team to adjust the plan to meet any changes made by Executive Order in place on July the 4th, 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. HIGHWAY 5 REGIONAL TRAIL FUNDING. Todd Hoffman and Marty Walsh with Carver County presented the staff report on this item. Councilman McDonald asked for clarification on why the actual costs are so far apart from the engineer’s estimate, and if all partner’s shares increased in cost. Councilwoman Coleman asked for clarification of the funding source for the City’s portion of the project and how it will affect next year’s budget. Councilman Campion asked how this funding would affect completion of the Lake Ann trail. After comments and discussion by council members the following motion was made. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council authorizes an increase in budgeted expenditures for the City’s share of the Highway 5 regional trail and underpass from $1,200,000 to $1,681,549, conditioned upon terms of acceptance by the County that they loan the difference in money to the City of Chanhassen at zero percent interest and it would be paid back as soon as possible or at the end of 5 years. If the County does not agree to the terms of the loan then the Joint Powers Agreement will be canceled pursuant to Section 5.05. All voted in favor except Mayor Ryan who opposed and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS. Councilman McDonald provided an update on a Zoom meeting he attended based upon transportation for the Opt Out program. Mayor Ryan congratulated all high school seniors upon their graduation. City Council Summary – June 8, 2020 4 ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt also congratulated the graduating senior class of Chanhassen High School and thanked Mayor Ryan for spending her Friday evening handing our proclamations and taking pictures. CORRESPONDENCE DISCUSSION. None. Councilman Campion moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 8, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Charlie Howley, Jerry Ruegemer, Todd Hoffman, Greg Sticha, Jill Sinclair, Roger Knutson, Chief Don Johnson and Matt Kerr Mayor Ryan: Good evening again everybody. Thank you for joining us tonight. For tonight I would like to again review the guidelines. We are still operating under the remote meeting statute. I will be asking each council member for a verbal acknowledgement throughout the agenda item and then ask for a roll call vote if required before moving to the next agenda item. No council member will be holding public chats or discussions on the side through the Zoom application as all discussions will be made public. For the record we have all of our council members present tonight via Zoom or in the council chambers so our first action is our agenda approval. Council members are there any modifications to the agenda as printed? As I call your name please state yes or no. Councilman McDonald? Councilman McDonald: No. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No. Mayor Ryan: Councilman Campion? Councilman Campion: No. Mayor Ryan: We will move forward with the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan: The first item on our agenda tonight are public announcements and we have a couple. The first one is our Arbor Day Poster Contest winner. So on behalf of the Chanhassen Chanhassen City Council – June 8, 2020 2 City Council and the Environmental Commission I would like to congratulate all of the winners of this year’s Arbor Day Poster Contest. The City has been sponsoring this contest for 20 years in order to express our commitment to trees in our community and help educate students on the importance of trees. Every year local fifth graders are invited to submit their drawings based on an annual theme and the theme for 2020 was Trees are Terrific in Chanhassen. So we are celebrating 20 years of Arbor Day. The City would like to thank all of the students from Bluff Creek Elementary, St. Hubert’s School and Chapel Hill Academy for their wonderful drawings. The framed winning picture will hang in City Hall along with past winner’s drawings. The City would also like to thank The Garden for their generous donation of a gift card for the grand prize winner and so please continue to support our local businesses. The Garden by the Woods this summer for their generous donation. They are always incredible partners of the City on this event so we really appreciate it. So now we’re going to do a little, some pictures. You’re going to get your certificates and then we’ll unveil the grand prize winner so I’m going to move down to up front and so when I call your name I know we have parents and the kids in the hallway so thank you for standing out in the hallway. When I call your name I think Ms. Sinclair shared this with you but when I call your name if you would please come into the council chambers. There’s a little X on the floor and so you guys will stand at one X. I’ll stand at the other X and then we’ll smile because we want to make sure that we’re social distance so let me move to the front here and put on my mask. Lucky I know my voice projects and my kids tell me that all the time so you can hear me through my mask so the runners up in this year’s poster contest are from St. Hubert’s School a sister dynamic duo Lydia Katz and Lillian Katz. Do you want to come forward? You hear any footsteps out there or see anyone coming in? No, okay. Alright the next person from St. Hubert’s School, Delaney Mirau. You’re welcome to come right up front. I’ll just wave to you and give you a thumbs up okay. So congratulations to you. Congratulations. Thank you. Alright and if you want to go out that way. Alright joining us via Zoom from St. Hubert’s School, Aevaleen Hesse. There she is. Hi! Congratulations. Do you want to hold up your photo? Congratulations. Alright. You want to zoom in on it, oh my gosh. Well done. Trees are Terrific for all reasons in Chanhassen. Can we get that up on the screen? Amazing. Great job, congratulations. Aevaleen Hesse: Thank you. Mayor Ryan: You’re welcome and we’ll get this off to you. We’ll get it out to you. Alright next from Chapel Hill Academy, Audrey Krone. Is Audrey here? Todd Gerhardt: Yep here she comes. Mayor Ryan: Congratulations. We’re very proud of you. It’s very exciting. Thank you for participating in the contest too okay? Keep up the good work. Alright congratulations. Alright next up from Bluff Creek Elementary, Ryleigh Berber. Is Ryleigh here? Come on in. Ryleigh if you want to stand right there and open up, oh you got it up. Alright. Congratulations. Thanks for coming in tonight. We appreciate it. And unable to be here tonight is Mary Cushman so we’ll give Mary a round of applause. And here tonight we have Amanda Springer. Amanda. Chanhassen City Council – June 8, 2020 3 There she is. …this beautiful drawing. Well done. That’s amazing. Great job. Congratulations, thanks for coming tonight. Well done. And then also from Bluff Creek Elementary, he is unable to be here tonight is Noah Escolero so congratulations Noah. Now I invite the grand prize winner, Esther Gilbertson from Bluff Creek Elementary. Absolutely wonderful. What a talent. Beautifully done. Congratulations. Ready for a photo? You can come forward… Congratulations. Hold it up so everyone can see the beautiful work that you did. So Esther you are going to get a gift card from The Garden. Congratulations. Well done. Thank you for coming tonight. Appreciate it. Todd Gerhardt: Jill before you go I just want to recognize Peter Olin from the Landscape Arboretum. He’s Executive Director of the Arboretum and Peter you’re in good hands. You can see that people in Chanhassen embrace trees and the Arboretum so thank you for making the Arboretum such a wonderful place and hands to you for that. …yes, they’re terrific. Mayor Ryan: Well done Todd. On the spot like that. Well congratulations to all the kids and thank you Jill for organizing that. We really appreciate it. It’s always a fun contest to see what talented youth we have in this community so it’s fantastic. SHERIFF JASON KAMERUD, CARVER COUNTY. Mayor Ryan: Next up we have, before I’m going to invite the Sheriff up to speak, to say a few things I wanted to kind of set the stage for this in terms of you know why tonight is the Sheriff here this evening. Last Friday I had sent out an email to residents that have signed up on our To Notify Me and I’ve been doing these weekly emails as well as posting it on the City’s social media and so I wanted to share, share that letter with everybody to get, to provide a little context for the conversation that we’re going to have tonight but then also kind of lay out the plans for what our intentions are going forward and so I just want to share that before I turn it over to you Sheriff. So if you’ll give me one minute. So I said Dear Chanhassen Residents. The events that have transpired over the past week and a half have brought forward new questions, varying emotions and most recently a call to action. Reflecting on the unjust murder, the destruction that followed as well as the feelings of uncertainty of both people and organizations has made me think deeper about how we move forward together. And while I was reflecting on all of this a friend had sent me a message that really kind of inspired this next stage and the quote is, “we cannot change the past but we can reshape the future” and with that in mind the following measures are being taken and the first up was to invite Sheriff Kamerud here tonight to discuss some of the Carver County Sheriff’s Office organizational policies and practices. The second one through conversations with the sheriff is the City of Chanhassen in partnership with the Carver County Sheriff’s Office will be devising a plan for a community conversation event. The intent of this collaboration is to listen to and learn from our residents on their experiences and define ways together to ensure that everyone in Chanhassen is being served with the respect and dignity that they do deserve. And then lastly as Mayor I said, I communicated that I’m open to meeting with residents and community groups to gain a better understanding of the challenges that you may be facing or have faced in the past and I left my email address for people to get in Chanhassen City Council – June 8, 2020 4 touch with me and I have to say that I was just overwhelmed with the response that I got, not only to the email but directly to me about wanting to meet or share their personal stories and not only share their stories but encourage me to read different books. Follow different blogs. Get in touch with different people so I really appreciate the immediate response that I received from the residents in taking this call to action and that is what the sheriff is here to discuss tonight but then that’s what we’re going to be doing moving forward and you know we both know that this is just the beginning but I definitely have great pride and faith in our residents and I also have a profound respect for our law enforcement so I really appreciate you being here tonight. I think we both know, I think we all understand that this not going to be something easy to navigate but that’s why the conversation is starting tonight. It actually started last week but that’s why we’re bringing the sheriff forward tonight to share some of the policies and practices within Carver County and then I know everybody wants to know when is the event going to take place but those discussions are going to take place this week and as soon as we have something ready we will share it. You know this is new to us and we’re going to do the best that we can to navigate that and that’s going to take the community involvement and so the last line that I said in my email, which I’d like to reiterate tonight because I think it’s really important is not only recognizing and appreciating the outpouring of comments and ideas that I’ve shared but most importantly I look forward to getting, for you to get involved and participating with the same passion that you’ve expressed to me so it’s one thing to just send an email but it’s another thing to get involved and I can see by the people that are here tonight, I know that there’s passion behind it and so I definitely am encouraging you to get involved so just know that action is being taken and so with that Sheriff I will turn it over to you and just want you to know how much we appreciate you being here tonight. Sheriff Jason Kamerud: Thank you very much Madam Mayor, members of the council. I appreciate the opportunity to come in and talk with you a little bit about these important topics. Two weeks ago today George Floyd was killed at the hands of law enforcement officers who had sworn an oath to protect and serve him. And since then I’ve had a lot of calls from citizens, emails and people asking Sheriff what are you doing in Carver County? What’s been going on and so I want to talk a little bit about the history of where we’ve been in regards to what I call the will to racial justice and I’ll tell you where I am. Hopefully from but you know Sheriff Jim Olson, Bud Olson before him too but Sheriff Jim Olson really set out you know 10 years ago to increase the diversity in law enforcement. We have had varying levels of success. You know with each hiring process that we’ve had and we’re continuing to do that kind of work. In 2017- 2018 somewhere in there I started some work with Eastern Carver Schools when they were building conversations with intercultural harmony sort of discussion and it was exactly the kind of discussions that I’m hoping to have with our citizens this time in the context of service delivery and law enforcement services. That conversation was in the context of service delivery to students and people within the school district. The gist of that work for me or the park that I brought with me to Carver County when I was elected sheriff in 2018. Started my job in 2019 was, I started with my management team and we had some required reading that relates to implicit compliance and then from that reading they were tasked with building smart goals specific, measurable, attainable and realistic timely goals that they can push down to their staff Chanhassen City Council – June 8, 2020 5 related to getting our minds around bettering our work where compliances are concerned. That happened in 2019. Those goals are playing out in 2020. The next phase of this was to do the work that we, that I participated in with the school district and that is these conversations. You know my understanding is and my belief is that the citizens elect their legislative group to enact the laws and then the elected new sheriff to enforce those laws to provide that service and I need their input to tell me how they want that done. Just like each of you being elected officials, we need their input to tell you the laws that they want enacted and those sorts of things. And so that brings us to this next stage over the next couple of weeks. What I’d like to do is assemble a team of people who have the knowledge base to have these, to facilitate these types of conversations. What I learned in the intercultural harmonies discussion is that it’s very awkward and we’re all kind of fumbling through and it took some time to build up enough trust with each other where we could speak openly and candidly. Get some parts wrong and people were angry and judgmental so I expect that that will happen again here. We’ll have to create some space to have that conversation and let it grow… But it takes people who have some skill sets and some training to help facilitate it. I’m not the person for that. My role here is hopefully to create some space where that conversation can happen. So the next couple of weeks I’d like to put a team together to talk about what those conversations will look like. What are the specific objectives that we hope to get out of there and I have some policy questions that I would like asked and answered. We have some logistic pieces that are going to put a wrinkle into things because of COVID-19. You know my original idea before the corona virus showed up was that I would host a series of town halls and hopefully they would be well attended and we could talk it through. Well corona virus makes that much more difficult. So I thought well now maybe we could do it via technology. I feel like that would not work quite as well because there’s so much loss through body language and tone and all those things that could potentially be lost in utilizing technology so I’d like the team to get together and talk through how that might shake out. So if I was able to put that team together the next couple of weeks I would say then probably sometime around August-September and I’d like to do it sooner but it’s going to take time to coordinate that. Start a series of conversations. I don’t think we’ll be able to have just, I don’t think we’ll be able to have just one group in the conversations and I don’t think we’ll be able to have just one conversation with each group because so far it’s the email and phone calls that the Mayor and I have been receiving…there’s a lot of interest in participating in this and I want to make sure that there’s space for everybody to share their thoughts and ideas and know that they have been heard. Mayor Ryan: Wonderful thank you Sheriff. Can you speak to any of the anticipated questions in terms of your policy? Engagement policy. Sheriff Jason Kamerud: You know I think first we’ll want to see what people are going to be looking for. I should mention that next week my team is going, the sheriff’s management team is attending a course hosted by Tim Berry, a professor at Mankato State University. He also happens to be a member of my church and my pastor…racial justice advisory team and they’re really passionate about this topic so between the church and Professor Berry they are doing some instruction for it. This will be my second time through his course. The idea here is to get my Chanhassen City Council – June 8, 2020 6 management team to have this foundation of knowledge and roughly the same vocabulary so we when we go into these community conversations we’re at least starting from a common understanding or point. And then of course we’ll hopefully… Mayor Ryan: Wonderful, thank you Sheriff. Council members any questions for the sheriff before we move forward? For comments. Councilman McDonald: Not at this time. Mayor Ryan: Councilman McDonald, no. Councilman McDonald: No. Mayor Ryan: I know we have to go back through the roll call. Councilwoman Tjornhom? Councilwoman Tjornhom: Not at this time. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: Not at this time, thank you for your service Sheriff. Mayor Ryan: Councilman Campion? Councilman Campion: None at this time. Mayor Ryan: And I don’t. We’ll continue to have the conversation. Lay out the plan. I know that part of all of this is you know as we go forward as we had in our previous conversation in terms of the budget conversation and our contract with you, you know and we’ll continue to have conversations on all fronts so really appreciate you coming tonight. If you want to stay around for a little bit to hear if there’s other comments I welcome you to do so. Again this isn’t a public hearing so it’s not a back and forth engagement time. It’s really just kind of the first opportunity to listen and then maybe that helps kind of evolve what the next steps are in terms of conversations so I appreciate it. We’re towards the top of the number but I think we’ll be okay here. CONSENT AGENDA: Mayor Ryan: Are there any items that the council would like to consider separately? Councilman McDonald? Councilman McDonald: Thank you Mayor. Yes I’d like to pull item number 9 which is the approval of the 4th of July fireworks plan and I’m not sure how item 10 is any different but that’s also approve fireworks display. Chanhassen City Council – June 8, 2020 7 Mayor Ryan: 10 is just the contract with the. Councilman McDonald: Then no. Just item number 9. Mayor Ryan: 9 okay so we’ll move that item number 9 to F. Old Business. It will be the first one under old business. Councilwoman Coleman? Councilwoman Coleman: No other items moved for me. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilman Campion? Councilman Campion: No additional changes. Mayor Ryan: Okay with that could I have a motion to approve consent agenda items number 1 through 8 and 10 and 11? Councilman Campion: So moved. Mayor Ryan: We have a valid motion. Is there a second? Councilman McDonald: Second. Councilman Campion moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated May 26, 2020 2. Receive Planning Commission Minutes dated May 5, 2020 3. Release of Development Contracts for McGlynn Park 4. Resolution #2020-38: Support for Carver County Regional Solicitation Application for Highway 5 Arboretum Area Federal Funding Request 5. Approval of ERSI Software Agreement with Carver County 6. Amendment to Lease Agreement with Verizon Wireless at Water Tower #3 Chanhassen City Council – June 8, 2020 8 7. Receive 2019 Park and Recreation Department Annual Report 8. Resolution #2020-39: Replace Resolution 2020-23 Establishing Grant Award Program for Liquor License Expense of Local Bars and Restaurants 9. Pulled by Councilman McDonald for separate discussion. 10. Approve Fireworks Display at Lake Ann Park, July 4, 2020 11. Approve Temporary Modifications of the Licensed Premises to Serve On-Sale Beer and Wine in Kai’s Sushi & Grill Sidewalk/Parking Lot Area. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: Okay that motion carries 5-0. Thank you everyone. VISITOR PRESENTATIONS. TOUR DE TONKA 2020 – TIM LITFIN, MINNETONKA COMMUNITY EDUCATION. Mayor Ryan: We did receive 3 emails or comments prior to this meeting. Two are in regards to the Highway 5 regional trail project so I will bring those up while we discuss that item under New Business. And then we did receive one Citizen Action Request form and I believe that got added, yes so that’s second under our visitor presentations so we will address that shortly. If you do have any comments or would like to step forward as part of our visitor presentation we just ask you to sign in and then step to the podium and please state your name and address for the record. We have two scheduled and so first up we have Mr. Litfin with Tour de Tonka and he’ll give his presentation. One minute Mr. Litfin. So after that then we’ll have Mr. Bishop who submitted the Citizen Action Request form and then it will be open to anyone else that would like to, alright. Welcome. Nice to see you again. Tim Litfin: Good evening Madam Mayor. Thank you for having me here. City Manager and staff. Council members, thank you for having me here as well. Chanhassen is near and dear to my heart as we’re in the 15th year now with this great event, Tour de Tonka that Chanhassen has been a part of and you recall Mr. City Manager was right there at the beginning stages when I showed him my napkin of what this could be and he said I think that’s a good idea so, anyway thanks to all of you here in Chanhassen. Tour de Tonka has fantastic bikes. That’s what it’s about, just like fantastic or terrific trees that you talked about earlier and will it happen or not that’s a question that I get about 20 times a day so we’re working through that. We’ve got 3 options right now and I’ll give a little presentation whoever is managing, I guess I am so I’ll start out with first a little trivia for the City Councilmen here and women that are here tonight. How many miles did all the Tour de Tonka riders ride last year? Here are the 3 choices in front of you and this is collectively for all of the riders last year. Do I have an answer? Chanhassen City Council – June 8, 2020 9 Mayor Ryan: E. Tim Litfin: B is a good guess. Very good guess. Riders last year rode almost 180,000 miles collectively so there was a lot of miles. A lot of riders. Mayor Ryan: You’re supposed to say so you’re wrong. Tim Litfin: Mayors are never wrong. Todd Gerhardt: Never. Tim Litfin: Last year just a little bit about what happened last year. Riders really come from all over for this great event and last year they came from 166 communities, 44 counties, and 30 states and we’re so proud to knock off another state last year. We brought riders in from the state of Maine so that was kind of cool so we’re up to 43 states so far that have participated in this event in 14 years and the top 10 communities from last year are right in front of you right now. Chanhassen is always between 2, 3, 4, 5, 6, right in there so coming in at 10th place is not a bad deal at all for Chanhassen and of course a lot of these communities are right around here so. These communities really like to see their name on the list when I go to City Council meetings and I’m sure you do as well so thank you Chanhassen. The next 11 through 20 and a little deeper we go, it’s still communities right around us but they ebb and flowing throughout as far as Eagan was some of these but they come from all over. They really do and here’s the State of Minnesota showing 73 counties having sent riders in the 14 years. We’re still in the belief that there are bicycles in northwestern Minnesota and I’m going to get up there and prove it one of these days but we’ll get riders from there sooner or later as well. The age breakdown demographically we really continue to be strong in the 50 year old men and women but it’s one great thing about this is that it’s always, if you come and see it or ride in it you’ll see that very quickly that this is not just 50 year olds. It’s families and you’ll see that here in a minute. Registration history, I began tracking our registration history a few years ago and it let us know if we’re on track, off track and we had a terrific 5 year run of almost the same rate of registration and then 2020 hit and that’s that little worm down at the bottom line. We just can’t get that guy to go faster. But that’s understandable. That is very understandable what’s going on in our culture today with COVID-19. We raise money every year for the food shelf, the ICA Food Shelf and…and they’re very pleased with this event and it brings great recognition to their cause and especially with the COVID-19 situation they really need our help so we have a plan to help them one way or another this year. The communities that are part of the event this year are in front of you should we have the entire experience be allowed to happen. We’re going to go out as far this year as a new community and that’s Lester Prairie. Here are all the police and fire and Sheriff Kamerud who was just here and I tell you there’s no better partner than Chanhassen, excuse me than the Carver County sheriffs and also the Chanhassen Fire. They’re both fantastic to work with and this event would be nowhere without our safety PD and Fire support and we love every one of them and they are fantastic to work with as well. And here are the distances that we’re going to hope to ride if the full plan can go this year and talk about family and there’s Chanhassen City Council – June 8, 2020 10 some great family pictures right there from last year’s event. And this is the all ride this year. That’s where you go with all the rides that are part of Tour de Tonka and out on the western side we’re going to take in a new county and a new city as I mentioned earlier and that’s Lester Prairie this year and they are as excited as can be so I’m hoping that we can include them with the real event. It will be like a Super Bowl going through Lester Prairie so they’re really excited which I am as well for them. All the cities we work with it’s just pure fun. Good people right and left and they all want to do good things and we want to make it fun and I think in this day and age we want fun and laughter and smiles in this event… The rest stops are everywhere. Chanhassen’s got a beauty right by Bluff Creek Elementary, the Rec Center and our riders love that rest stop and thank you Chanhassen. Sponsors we couldn’t be anywhere without sponsors like any great event and these folks are fantastic for us and thankfully they come back year after year because they love it. They really do. Every one of those has reached out to me. I haven’t knocked on a door for Tour de Tonka. They come because they see the quality and the good community… Volunteers if you’re out there let us know we’ll take you. Tour de Tonka.org just give us an email and we’ll hook you up. We need only 600 of them so I think you can help us. We did a survey back in early May when it looked like this event was perhaps not going to happen and a straight up question was knowing what you know today riders, would you ride? And 67 percent of them said they would so that was encouraging and then we went a little deeper with some other questions and which of the following describes how you feel today knowing what’s going on in our community and some said I won’t ride until there’s a vaccine but most said, if you look at the bottom I’ll participate in Tour de Tonka this year because the event and event leaders will do their best to keep it safe and that’s nice to know and then a few other comments were more pointed and one was keep that ride on schedule. If you build it they will come. Lobby the Governor which I have done and anyways so comments in that regard. However we have Plan B. We have a great virtual event planned should we have to go down that road and we have great face masks because I had to make a decision on the shirts here about 3 weeks ago and I had them make some shirts so we’re going to rearrange the fee structure should we have the event in it’s full theme and if we do a virtual event there’s your face mask that you would get. We also have a skinny, skinny version. It’s a smaller bike. What we might do and that includes the city of Chanhassen and so we can do that based on the Governor’s announcement last Friday with the announcement of 250 because we can do that back to back. Kind of clean them out and go again. Clean them out and go again so we’re excited for that and this time there might be a little more forgiveness so we’ll see but if we have to do a virtual, we have to do a skinny we’re ready to go either way and we’ll see you on Saturday, August 1st if you’re able. Thank you very much City of Chanhassen for the time this evening. Appreciate it. Mayor Ryan: Thank you. Thank you for that great presentation. We always enjoy having riders come through our city. It’s fun to see if you’re standing and cheering them on as they go flying by so it’s a lot of fun. Real question, or two questions for you. You said something about a, having them go off in groups. Are people registering for that now or is that what you’re working towards? Chanhassen City Council – June 8, 2020 11 Tim Litfin: Great question and just as of last Friday with that new Governor’s Executive Order that’s where it shed some light on the possibility so we’re meeting tomorrow as staff and we’re going to talk about what we can do in that regard but the vision is you know 250 is the limit so we have staff. We have law enforcement as well at the release site so it’s probably going to look like about 225 and then we just do it again, do it again, do it again. But we probably wouldn’t be able to pull 100 miles. It’s just too much cost, all the structure that would have to be in place. Mayor Ryan: Right. Tim Litfin: But it hasn’t been officially released yet to answer your question. Hopefully soon. Mayor Ryan: Right, well fingers crossed that things continue to open up and you can do the full scale, the full scale race. I know one of the, and I wanted to highlight this as well about you mentioned the food shelf and the donations and I think we all understand you know in working with the different non-profits in this community how hard they’ve been hit as well with COVID- 19 because it’s events like this or church groups or school groups that are used to you know contributing to their food shelves, whether it’s financially or through donations and they’ve been really hard hit so is there an opportunity for people to just donate through Tour de Tonka that then gets passed along to ICA Food Shelf whether or not you have this event? Tim Litfin: Great question Madam Mayor and yes there will be because if the event can’t happen in it’s physical form the virtual event will go and in there is going to be a flat out piece of that going to the ICA plus the opportunity to dedicate more so yeah we’re going to support the ICA no matter what. Mayor Ryan: Great, I know you have in the many years, what is it $70,000 is just incredible so congratulations to you on that. It’s I’m sure a very valuable partnership for them and wonderful to be participating in an event and know that you’re doing good on the side as well so thank you for that. Tim Litfin: It’s a two way street. We appreciate them and they appreciate the opportunity… Mayor Ryan: Absolutely. Tim Litfin: And as well to you and to all of Chanhassen, thank you. Mayor Ryan: Council I will go through and see if you have any questions. Councilman McDonald? Councilman McDonald: None at this time and good luck going forward and I’ve got my fingers crossed. Tim Litfin: Thank you sir. Chanhassen City Council – June 8, 2020 12 Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: None from me. Mayor Ryan: Councilman Campion? Councilman Campion: No questions. Good luck. Tim Litfin: Thank you very much. Appreciate it. Mayor Ryan: Thank you for coming tonight. We appreciate it. Best of luck. Fingers crossed. Alright thank you. VISITOR PRESENTATION: DAVID BISHOP CITIZEN ACTION REQUEST FORM. Mayor Ryan: Next we have, we did receive towards the end of today a Citizen Action Request form and this is submitted and I don’t know if Mr. Bishop is here tonight. Okay Mr. Bishop if you want to step forward. The purpose of the Citizen Action Request form is to, if you have a question or comment that requires action by council or staff this is the first step in that process. This isn’t a time for the council to engage and have conversation but it’s an opportunity for us to listen and then provide you feedback. So with that Mr. Bishop. David Bishop: Thanks Ms. Mayor and council members. My name is David Bishop. My life partner and I live off of Minnewashta Parkway… I also, and I have to tell you right now I have no happy thoughts here for Arbor Day or bike riding. Aside from Minnewashta Parkway I myself own a residence in Falcon Heights which is another, it’s a first tier suburb of the Twin Cities and we’re very proud of little Falcon Heights because we host Minnesota State Fair. We host the Minnesota, University of Minnesota Ag School and we think we’re really great people. Now my house is just a block and a half from the intersection of Larpenter and Fry Street. April, I’m sorry July 6th it was 2016 I happened to be outside when I heard all the ambulances and the police because Philando Castile was murdered by an officer of the law in my little city. I never thought it could happen. I’ve lived, I lived there for 25 years. I thought we were all above that. I have friends who are minority. How could this be? Falcon Heights council chambers are about the size of your’s. Two days later there were almost 350 people in this council chamber and I was a minority. Two months after that the United States Department of Justice was holding their meetings. The meetings had to be at the high school in the gymnasium because there were so many people there and you had to go through the metal detector and they had the men in the black suits with the little thing in their ear to make sure that everything would be civil. I still Chanhassen City Council – June 8, 2020 13 have a little PTSD from the trauma of Philando Castile’s death in my city. Chanhassen’s a great town. I love it. I’d like to live here the rest of my life. You are spinning on a roulette wheel. St. Paul’s number came up. I lived there. This week, last week, two weeks ago we watched Minneapolis number come up again. In 2016 Falcon Height’s number. There’s no reason to believe your number isn’t going to come up as well if you do not take this seriously. Your legacy is not going to be whether you funded Minnewashta parking or repaving Minnewashta or whether you gave a variance for a strip mall. Your legacy is going to be whether you took the action necessary to prevent a Philando Castile or a George Floyd from occurring in your city. Now I came here bearing gifts. I had nothing to do with the creation of this but this is the City of Falcon Heights Inclusion Police Task Force overview and recommendations. This is the result of 2 years of meetings by hundreds of people that did not include me as a result of what happened to Philando Castile who you may remember was charged with 2nd Degree Murder and was exonerated because we have something called qualified immunity which means as far as I can recall 143 out of, 143 Minnesota officers have been charged and won… He was a minority. There is, and I don’t think there’s actually anybody in the room who denies it structural problems in our policing system. Now what was the critical problem for Falcon Heights? They wanted to save money so what did they do they farmed out their police responsibilities to a third party and they had no authority over how they did their work. They thought that the City of St. Anthony Police Department with their pretty black and white cars were doing the Lord’s business and they were keeping Falcon Heights happy and at meetings like this I listened to their Chief of Police explain to us that of course they have programs and of course they have bureaucrats who had meetings and they had training to tell their teams how to reduce hostilities. All this kind of stuff and of course they would never profile someone like, it took a year and a half and maybe a little prodding from the Justice Department but we found out, I live a block and a half from Larpenter Avenue. That’s the boundary line between St. Paul and my little city. Six times a day I go down there and I couldn’t figure out why was it that there was always a police car on Larpenter. I mean sometimes I’d see 3 or 4 in a day and when they were stopping someone it was almost always someone in an older car or poor black guy. I made a joke about it to my friends because I couldn’t believe in my own skin, you know white guy that there was such a thing as red lining in 2016. A year and a half later we finally got them to admit that yes, it was official policy. None of us, none of us, the Mayor and the council members of Falcon Heights knew this was occurring. None of them would have agreed to it had they known but they were clueless. Now the Mayor at that point was a really great guy and he ultimately figured out a way to get out of being the Mayor because it ate him up and he’s not the mayor anymore. The new mayor is my next door neighbor. I’ve known him for 30 years. He’s a great guy. I hope you call him up and I hope you ask him what his experience was and what the effect of this disaster on his little town was. Just because you’re out here as a third tier suburb does not mean that you have the comfort of believing that what happened in Minneapolis and St. Paul cannot happen to you and the effects will be somewhere where minorities live and not effects where all of us live because I think they’re getting smarter. The next time they’re not going to destroy their own town so whether you’re in general, and I don’t think any of you have a bad bone in your body. I’m not even suggesting that but it is in your economic interest to not look at how you can save money on your policing efforts. Over the long haul it’s going to get you because times are Chanhassen City Council – June 8, 2020 14 changing. Now it’s easy to say I have profound respect for law enforcement. I too have a profound respect for law enforcement in general. There was a time I was a prosecutor in the city of Milwaukee. It was a while ago and on Monday morning I got to come in, out in and I get to look at who was in the cell and…their status was and it still burns in my mind the people with broken noses. The crushed fingers because the police decided good old Milwaukee street justice was the way to deal with the issue and then on Monday after they had 3 days without medical attention, then the Judge could handle the guy. Now you can say that was Milwaukee. That was a long time ago. I also had 20 years as an attorney in the Twin Cities and I’d talk to my clients about their interactions with law enforcement. It is not, and we would be Pollyanning the issue if we believed that it is different here and we’ve seen that because today in the paper we have law enforcement or officers that we’re paying who have slashed, who were taking pictures of slashing the tires of reporters in the Target. This is the police protection of property. Before that we had, we had George. Mr. George. Mr. George Floyd and I still have a hard time saying that so we know how they can handle issues of life. It can happen here. Carver County, and I have had interactions with Carver County’s police force. I bet none of you have. Very few of you. Because you don’t live the lifestyle maybe where you actually have interactions with them. They are not different. They are not special. There are systemic problems and even though you have, I suggest even though you and I both have profound respect for the law and law enforcement, maintaining your relationship with Carver County and off shooting your responsibility for what happens in your city is a wrong way to go. I’m happy and I’m glad that you’re starting the process but you need to aim higher. We need systemic change. You have your little part you can do here in our great city of Chanhassen, the State legislature and the Supreme Court of the United States all have things they have to do to handle all this. So I’m done and I apologize if you feel that I’m giving you a ringer. I’m the only I think minority in this building. There was one…took a look at who the crowd was and I think he left so I’m using all my white privilege to give you the overview and the recommendations from the City of Falcon Heights and I wish with God speed that you do not become what we were because it’s still traumatizing to me and my friends. Mayor Ryan: Thank you Mr. Bishop. Thank you. Are there any other visitor presentations tonight? Sir, please step forward. State your name and address for the record. Jim Manders: My name is Jim Manders and I live at 6791 Chaparral Lane and the reason I’m here is kind of two fold. One is the regional trail. That’s not the purpose of this conversation. I wanted to bring up an item that’s been on my mind for a number of years that I think you can all recognize it and I think it’s a great marketing PR opportunity for the City. I hope to plant a seed here that someone takes action. I didn’t realize...because that’s part of what I want to mention is that too often I see in print or hear on TV that the Arboretum is in Chaska. And that Camp Tanadoona is in Excelsior. And we all know they’re in Chanhassen. And I’m just saying what would you think or what would a lot of people think if the Dinner Theater wasn’t here. When they think of Chanhassen they think of Chanhassen Dinner Theater and so how are these two places any different and I think you need to do something to have these organizations mentioned as in Chanhassen… Chanhassen City Council – June 8, 2020 15 Mayor Ryan: Wonderful, thank you for the suggestion. Appreciate it. Todd Gerhardt: Mayor you want me to answer it now? Mayor Ryan: Oh Mr. Gerhardt is ready for an answer right now. Todd Gerhardt: We know the Arboretum’s in Chanhassen and we know that Camp Tanadoona is in Chanhassen and those are the key points to my statement is they’re in Chanhassen. Now the postal service delivers the mail based on their route deliveries and the route delivery to the Arboretum happens to have a zip code that is Chaska so when you have a zip code in Chaska you’re going to go with that title. And the Arboretum, or Camp Tanadoona is in the zip code of Excelsior and the whole northerly part of Minnewashta is all in Chanhassen and they have the Excelsior zip code. Mayor Tom Furlong was our Mayor and had an Excelsior zip code and somebody asked him once, you live in Excelsior. How can you be the Mayor of Chanhassen? And he lives in Chanhassen. It’s the world we live in. We’ve got two wonderful school districts. Eastern Carver County School District and Minnetonka School District that serve both Chanhassen and it’s just not uniform. It’s an efficiency from the mail service that delineates out their zip codes and the Arboretum, like most people have a very tight budget and to take a P.O Box and have it in downtown Chanhassen, they’ve got to send somebody to downtown Chanhassen to pick up the mail every day. Pay for that P.O. Box and bring the mail back out to the Arboretum just to have a Chanhassen zip code. That’s kind of ridiculous to spend that kind of money to have a Chanhassen zip code. We know where the Arboretum’s entrance is. We know where a majority of the Arboretum is and we’re very proud and here along Camp Tanadoona, one of the oldest businesses in Chanhassen which we are very, very proud of. Mayor Ryan: Thank you Mr. Gerhardt. Any other visitor presentations tonight? Okay. And Mr. Bishop just to follow up, as you know you submitted the form and we as we shared with you earlier we are moving forward on both reviewing our sheriff’s contract as we do annually as well as putting forward the, you know the community conversation for individuals like you. Individuals that you know residents, non-residents that want to come forward and share their views. It’s unfortunate that anyone left tonight. Maybe they weren’t aware that it was an opportunity for them to speak at the visitor presentation but I will say that we always welcome people to come forward. We encourage. We ask every single week for people to come and share their concerns. Their ideas. You know that’s a great opportunity for us during this meeting but in terms of our contract with Carver County sheriff’s office we will be reviewing that as well as having a community conversation so I hope you stay engaged and attend those conversations as we move forward. CONSENT AGENDA: 9. APPROVAL OF 4TH OF JULY FIREWORKS PLAN. Mayor Ryan: Next up we have old business which was added from the consent agenda and that is the consent agenda item was number 9 and it is a discussion that we had from our work Chanhassen City Council – June 8, 2020 16 session that is now on, it’s been a conversation over a course of a number of meetings and it has to do with the 4th of July fireworks plan. So Councilman McDonald I will, since you had it pulled to the old business, off the consent agenda I’ll have you, if there’s any questions that you want answered or if you just wanted Mr. Ruegemer to go through a quick review of the plan. Councilman McDonald: Thank you Mayor. Yes I asked that it be pulled. Not that I have any real questions or anything like that. I think that we talked about a number of things but what struck me is the fact that a lot of information was handed out. One of the outcomes of that was we wanted to start getting it out to the public as to what we had decided to do for the 4th of July and I just thought that that was good information. I understand you’re going to put articles in the newspaper, on our website and all of that but I thought there’s no better place to start than tonight at our public meeting so all I wanted you to do is if you could just go over the plan. What we’re looking at and maybe some of the rationale for our decision on the option that we chose. Thank you. Jerry Ruegemer: Great, thank you Councilman McDonald. Be happy to do that tonight. So we had talked about this at the work session meeting tonight so I’ll kind of go right to the plans that we had kind of looked at. So we had looked at four different plans of kind of putting together a fireworks display at Lake Ann Park. It certainly was the City Council’s desire to have a fireworks display on July 4th to kind of help celebrate our day of independence for our country. So we had looked at Plan A which was to launch fireworks at Lake Ann open the park for fireworks viewing with spectators practicing social distancing. Plan B was launch the fireworks under a drive in only theme. According to the Executive Order 20-56 there will be no general seating in Lake Ann Park as spectators must remain in or adjacent to their vehicles. Vehicles would be parked every other stall under that scenario. Plan C was to launch the fireworks with the park closed to the public. All fireworks viewing would be off site and Plan D was no fireworks display. So as the 4th of July fireworks committee had kind of viewed the four different options that were available to us during the conversation we knew that Plan A would likely not be permitted by the Executive Order for that so we kind of did kind of a process of elimination for that. We know that Plan D, it was not the council’s desire to cancel the fireworks. We kind of did a process of elimination with that. We looked at Plan B as an option to kind of guide or designate that as a drive in only theme. We had looked at a number of different scenarios with that as far as kind of limiting the number of cars coming into Lake Ann Park for the fireworks itself. Some of the obstacles I guess with that was spectators had to remain in their cars during the course of the fireworks celebration so if that means that they would get there at 7:00 or 7:30 to get a prime viewing spot, they would need to remain in their cars until the fireworks concluded. So under the drive in only guidelines set by the State there really is no bathrooms provided for that. There’s no food. Everything they’re really kind of quarantined to their cars for that so knowing that that would, people would probably not likely stay in their vehicles for up to 2 to 3 hours potentially really the planning committee really looked at Plan C as really the viable option that would really kind of check the boxes as it relates to complying with the Executive Orders set in place by Governor Walz so the planning committee is making a recommendation to launch the fireworks at Lake Ann Park and that Chanhassen City Council – June 8, 2020 17 would be closed to the public for all public viewing and the fireworks viewing would be done really off site in probably the proximity or perimeter around Lake Ann Park similar to what people have done in the past. So under Plan C the Lake Ann would be open from 6:00 a.m. until 5:00 p.m. that day so families could go and enjoy a day at the beach or day at the park to enjoy and then at 5:00 we would kindly ask people to vacate the park so we could prepare for the fireworks display. Councilman McDonald: And then also I think there was a part where you looked at the fireworks themselves in order to make Plan C a much more viable option and also more enjoyable to the public. Would you kind of review that a little bit? Jerry Ruegemer: Sure can. So that was kind of one of the questions that had come up during the committee conversations with that so we did contact our pyrotechnics vendor to see if they could adjust the dander of the shells or kind of, that we could reach the height of the 10 inch shells that we currently had so the question was could we kind of rearrange the 3 inch shells, 5 inch shells, and kind of reallocate those to increase the number of 8’s and 10 inch shells that would basically be the same height as the 10 inch shells that we had currently in our existing show. So the thought behind that was to make the shells go a little bit higher as the same height as the 10 inch shells so people could see them from farther distances outside of Lake Ann Park. So our pyrotechnics company gladly rearranged the show and then increased the number of 8’s and 10 inch shells to get kind of higher up into the air so to create a better viewing situation. So we even did ask the fireworks company if there was anything above 10 inch shells and they, there certainly is. They have 12 inch shells but they are not licensed for those. Those are a higher explosive than what they are licensed for so they do not shoot anything higher than 10 so we’re going to stick with the 10’s of what we currently had in our previous contract and we just reallocated that number. Councilman McDonald: Well I thank you for the thorough vetting of all of this and a thorough background checks and everything that you all went into to again meet the desire of council that the fireworks show should go on so thank you for all your work. Again just to reiterate I thought it was important that we start with this council meeting to get the information out to everyone about the 4th of July so they can begin to make plans and so that the community knows and understands what the City of Chanhassen is going to be doing so thank you very much and please thank your working group also. Jerry Ruegemer: I will, thank you very much. Mayor Ryan: With that I would stand for a motion. Councilman McDonald: Madam Mayor I’ll make the motion since I pulled it. I would propose that the City Council approves the proposed plan that includes closing Lake Ann Park at 5:00 p.m. to display fireworks at Lake Ann Park in a manner that meets the current Executive Order from the Governor of the State of Minnesota as on June 8, 2020. Furthermore the Council grants Chanhassen City Council – June 8, 2020 18 approval to the planning team to adjust the plan to meet any changes made by Executive Order in place on July the 4th, 2020. Mayor Ryan: Thank you Councilman McDonald. We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: Thank you Councilman Campion. We have a valid motion and a second. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the proposed plan that includes closing Lake Ann Park at 5:00 p.m. to display fireworks at Lake Ann Park in a manner that meets the current Executive Order from the Governor of the State of Minnesota as of June 8, 2020. Furthermore the Council grants approval to the planning team to adjust the plan to meet any changes made by Executive Order in place on July the 4th, 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you again Mr. Ruegemer, Mr. Hoffman, Chief for all your work on this and to the sheriff’s office as well. Jerry Ruegemer: Thank you, have a good night. Mayor Ryan: Thank you. You too. HIGHWAY 5 REGIONAL TRAIL FUNDING. Mayor Ryan: No public hearings and so the next item on our agenda is new business and it is the discussion around the Highway 5 regional trail funding. Mr. Hoffman. Todd Hoffman: Thank you Mayor, members of the City Council. Just before we get started, so tonight we’ll have a dual presentation. I’ll present on behalf of the City. Mr. Marty Walsh who is here from the County will present on behalf of the County. We also have a variety of project partners either on Zoom or in the council chambers and so we have Peter Moe here, Alan Brandhagen with the Minnesota Landscape Arboretum and then Justin Schmidt with Life Time Fitness. I believe one of our Park and Recreation Commission Chair Jim Boettcher is probably on Zoom as well. There may be others as well and council are on Zoom. So after we’re done presenting if you want to hear from anybody else it’s up to council if you want to allow those people to speak on behalf of the project. So tonight we’re going to talk about a city budget amendment to increase the City share, the 25 percent share of the project. The $1.2 million dollars to $1,681,549. Citizens have dreamed of a day that a pedestrian trail would link our town to the Minnesota Landscape Arboretum since 1958, the day that the Arboretum was founded and having worked here for 33 years I can tell you that I’ve talked to many people or in fact people have talked to me many times about when will that dream ever come true in our city. This trail Chanhassen City Council – June 8, 2020 19 pedestrian link or transportation corridor is the single largest remaining missing link in the city’s comprehensive trail plan. We only have about 3 remaining to finish up that are of any major significance. This is the largest of those 3. In 2010 the City of Chanhassen initiated the current planning effort. There have been others in our history. Other planning efforts which have failed but in 2010 the City of Chanhassen initiated this current planning effort to create a pedestrian connection to the Minnesota Landscape Arboretum. The City applied for federal funding. It’s a 151 page application that we applied for, for $986,000 in federal funds in 2011. We did not receive that grant. In talking with the people that process those they suggested that if we moved that up into the county jurisdiction that the scores would score better and it may be more favorable as an application so subsequently the City of Chanhassen, we encouraged Carver County to become the lead agency on the project to increase the likelihood that a future federal funding application would be approved. In 2014 Carver County’s application for $1,192,000 in transportation enhancement program funding received approval. At that time a project partnership team between Carver County, the City of Chanhassen, the Minnesota Landscape Arboretum and Life Time Fitness was created. It’s a pretty unique partnership having both county, public, public and private. The Arboretum pretty unique partnership to forward a project like this. Together this partnership has committed 5 years of planning efforts towards the project and I can tell you as we’ve reached closer and closer to when this project could move forward those efforts have doubled and tripled and doubled and tripled again, especially on the county’s side and they really deserved some credit for that. To accomplish those planning, that 5 years of planning funds in excess of $500,000 have been invested so far in this work to date. Currently pedestrians utilize the shoulder of Trunk Highway 5 to gain access to the Arboretum or they sneak in one of few back doors if they’re a pedestrian that they may find an access to. This new trail will travel underneath State Highway 41. Again another long term goal of the City is to have a pedestrian underpass under State Highway 41 at the intersection of Highway 5 so the new trail will travel underneath State Highway 41 and connect directly to the front entrance of the Minnesota Landscape Arboretum in the community of Chanhassen. And I’m hearing more and more Chanhassen so I don’t know where they’re getting that from but they’re saying Chanhassen more and more. The trail will fill a sizeable gap in the local and regional multi-modal transportation system providing a safe connection to vital employment and cultural centers, recreation opportunities and transit facilities along and in the Highway 5 corridor. This is past city support for the project. In February of 2018 the City passed and adopted a resolution supporting the Trunk Highway 5 regional master plan. In October of 2018 the City approved a Memorandum of Understanding between Carver County and the City for the construction of the Trunk Highway 5 regional recreational trail and underpass. And in June of 2019 the City executed a Joint Powers Agreement with Carver County for the design, construction, maintenance and operation of the Trunk Highway 5 regional trail and underpass. Tonight the recommendation is that the City Council authorizes a 25 percent share increase in budgeted city expenditures for the Trunk Highway 5 regional trail and underpass from the $1.2 million dollars previously budgeted based on cost estimates to a $1,681,549 contribution based on actual bids. So the actual bids received were very competitive. The actual cost of the project, to build the project would require our share be raised to that $1,681,000. If we want to pay for it out of the park fund the current park fund balance is not sufficient to cover that full cost but future Chanhassen City Council – June 8, 2020 20 forecasted park fund revenue exceeds $10 million dollars. If you were ever to give the park fund a loan it certainly makes sense to loan that park fund that $481,000. Pay for it with future proceeds so this project can move forward. Bridging any financing gap in the City’s park fund is a sound financial strategy as it will avoid having to redo this project in the future and recapitalize this project at any time in the future. We know the partners will break down if this project should not move forward. The federal funding will go away and all the planning efforts to date will go away. This current process again was started in 2011. Today we sit at 2020 prepared to award the project. Acting positively on the project is in the best interest of all partners and of our communities. With that I’ll allow Marty to, he can step up here. Is there a clicker up there Marty? Marty Walsh: Yes right here. Todd Hoffman: Why don’t you introduce yourself for everybody who doesn’t know who you are. Marty Walsh: Madam Mayor and council members, Marty Walsh, Carver County Park and Recreation Director…512 West 76th Street. Mayor Ryan: Well welcome. Thanks for being here tonight. Marty Walsh: Well it’s great to be here. This has been and is one of the most exciting projects I’ve had yet to work on. It’s been extremely challenging but the outcome here I believe is going to be well worth it. It’s quite a project. So I’ll begin and I’ll try not to repeat much of what Todd said so if we could move to the next slide Todd. Oh I guess I’ve got the clicker. Okay so Todd covered a bunch of the history that was related to the project. As he mentioned 2011 the application was made. 2014 Carver County made an application and we were successful but had the same goal if you will as what the 2011. Addressed safety, make sure we had partners, it’s a key connection and consistency with local, regional and U of M Arboretum plans. I will say that we’ve been quite fortunate with regards to this application. You may not know that this is the last application that we’ve been successful with. And we’ve applied every year since then on multiple projects and even this project here when we got the federal funds for it, it was the last one on the list. It made, just barely made the cut so again I’m telling you we were quite fortunate that we were successful with obtaining the federal funds. So as Todd mentioned we did receive a number of letters of support for our grant application from all of our partners and again Peter and Allen are here from the Arboretum… Mayor Ryan: I think he’s on the phone. Marty Walsh: Again more history if you will with regards to this particular project. So once we received notice that we were going to move ahead with the project or we desired to move ahead with the project given that we received notice of federal funding. From 2016 and 2018 we spent time and partner meetings developing our master plan. These partner meetings included the Chanhassen City Council – June 8, 2020 21 school district, City of Chanhassen, City of Victoria, Life Time Fitness, Arboretum, and representatives from our local… We had a very robust public engagement process. We engaged about 300 people through open houses at the Chanhassen Community Center. At Life Time Fitness in terms of public meetings and at the Rose…at the Arboretum. So again very robust conversations about the project. About planning for the Highway 5 regional trail and I can’t think of one negative comment that came from that entire development. In 2018 we did see…resolutions from all of our partners about the project going forward and that application or master plan went onto the Metropolitan Council and that helps us receive future regional funding for the entire Trunk Highway 5 corridor. So again just some more history here if you will. Going back to 2017 some of the key steps that we took here. Preliminary design was completed. Project memorandum which describes the project was submitted to the State for consideration and the initial environmental review was completed. In 2018 Todd went through the MOU’s. That MOU contained the cost participation policy of the County which for many regional trails which the Trunk Highway 5 corridor is, it’s 50/50. 50 percent county and 50 percent local. In this case local is split down to 25/25 percent between the Arboretum and City of Chanhassen. Todd mentioned the JPA’s. He didn’t mention that one of the major things that we secured here was the right-of-way from Life Time Fitness and right-of-way from the University of Minnesota at no cost to the project. Also during this time period there was a cultural and historic resource investigation completed. Very substantial process. You may not know but the Arboretum’s apple research is part of the registry, National Registry of Historic Places so it’s very significant. And there hadn’t been, there hadn’t been any other archeology investigations. Archeological investigations done on the new projects so that was done. 2020 we get a little closer here. Construction plans and permitting are now complete. Bids were obtained on May 26th and tomorrow we present before the County Board our desire to move forward with the project and the retaining of $1.2 million dollars of federal funds. Tonight we are seeking your concurrence for the project. Next slide here. So this is the master plan area for the Trunk Highway 5 corridor. And does this have a laser on it? You’ve got to point it in the right so it’s helpful if you point it in the right direction so. I got it. It’s not really showing up all that well on the screen there. You can see the diagram pretty well. Off on the far left hand side is the City of Eden Prairie so the trail starts about where Dell Road and it runs westerly through the city of Chanhassen, crossing major highways and then along the way it gets to where Century Boulevard. So the solid dashed line indicates what’s in place today and then when we get to the dashed line here, that’s the section of trail that does not exist. From Century Boulevard over to Minnewashta Parkway. That’s a very significant area as you’re quite aware but this connection, and I’ll talk about some other lines here. This connection makes key on contact with U of M Landscape Arboretum as we talked about. Carver County Park Reserve which is just off the edge of this picture here. The Minnetonka trail which is the blue line off to my far, off to the left hand side. The blue line going north/south there. Continues the Trunk Highway 5 regional trail and you can make access to Lake Minnewashta Regional Park by a local trail system in this area. There are also numerous other city trails and that cities, you’re just talking about Lake Ann where you can get to Lake Ann Park from here. While diving in just a little closer to this area and to, I’m going to try a different laser to see if it’s. This one does a little better doesn’t it? Diving in a little closer to the project area here, again this is over here at Century Boulevard Chanhassen City Council – June 8, 2020 22 where the project starts. Existing city trail connection is there. Heads over to Highway 41 in front of Life Time Fitness. Highway 41 we have an underpass. And the project takes a significant dive on the Arboretum property. It goes behind the evergreens that you may be familiar with along Highway 5 and it continues to the gate house shack and heads back along their parking lots and then across the wetland area ultimately reaching back to Minnewashta Parkway where there’s an existing box culvert. Just a little bit of a diagram what that underpass will look like here, it does have a curvilineal design you’ll notice that you can’t see straight through the box culvert area but what that curvilineal design allows us to do is to minimize your impacts both on the Arboretum property as well as on Life Time Fitness’ property. The sheet piling that’s kind of showing in the background here, sheet piling that’s showing on either side of this here…construction limits. This is an aerial view if you will of that intersection of the box culvert which is located here, Life Time Fitness is in the background and that curvilinear design hooks such that if people were to go straight it would run into the parking lot of Life Time Fitness. It hooks over here towards the right-of-way as well as it hooks behind the monument sign of the Landscape Arboretum. And that design saves you impacts for those facilities. I got started going one direction and now I can’t change my habit. This is an example of a boardwalk that years of one that we intended to construct on the University of Minnesota Landscape Arboretum property. It addresses the challenge that we face here. We tried numerous times, in fact we went through 10 different trail renditions about how to minimize impacts to wetland area. Ultimately the permitting authorities were not going to allow us a plan that did not come up with the least amount of wetland impact and so we just had to switch gears very quickly and move over towards a boardwalk design. This is another look at that particular boardwalk. An example. It is a substantial structure. It’s actually 14 feet wide. It is built solid enough that lightweight pick-up’s, maintenance equipment can travel across that boardwalk and it’s quite substantial. 14 feet wide and about 1,000 feet long. We’ve been looking at ways to reduce cost. We talked about the right-of-way which we received at no cost. We did redesign the underpass as we went through this one more time and that did save some additional dollars but it is a very substantial structure. We attempted as I had mentioned to cross the area between Highway 5 and the Arboretum on an existing utility corridor which made a lot of sense but ultimately we were not permitted. The boardwalk as well as the underpass are substantial items that drove the cost for this project. Here is the bid summary for the project. Initial engineer’s estimate was $5.5 million dollars for the project. We received very competitive bids that are close together. All 3 of them are within 3.5 percent of each other. We believe the engineer’s estimate to be under value for this project and it really is confirmed by the 3 bids that are within 3.5 percent of each other. We know that sometimes engineer’s estimates are on and we also know that sometimes engineer’s estimates are either above or below. In moving on I’m just going to highlight several things here. One is the funding. The federal funds which is shared proportionately across the partnering agencies by percentage. The project, the project is nearly an $8 million dollar investment in the community. We have planned for some contingency funding and some utility funding and we’ll talk a little bit more about in the future. We hope that we don’t have to use those but we have planned them. So this is kind of a transparent look at our project and again all total it’s about $8 million dollars worth of investment. Again taking a look at some potential cost savings as we continue to look at ways to bring down and drive down the Chanhassen City Council – June 8, 2020 23 price for this investment, there is a potential where we might be able to stockpile surplus soil on the Arboretum property. The savings could be as high as $250,000. The quoted or price inside our quote or bid for the project the deer fence is higher than we anticipated. Substantially higher. We may look at if it’s possible to bid this item separately. And then we are also looking at additional value engineering as it would relate to the box culvert. All total if we were successful in all the attempts to stay within our contingency and not have to relocate utilities and we are successful on these items that reduced in price there’s a potential that we might be able to bring the price down substantially by about $200,000 for the City of Chanhassen. I want to talk just a little bit about the project’s significance. Again it’s an $8 million dollar investment that improves safety. It removes a long standing barrier that would link communities of Chanhassen, Victoria and if you want to go further you can get to Excelsior. It links the trail system both locally and regionally so I mentioned that not only is it the Trunk Highway 5 regional trail, the Lake Minnetonka regional trail, you stay long enough on the 5 trail you go east to Eden Prairie and eventually get to the Minnesota River Bluffs regional trail. We achieved a public/private partnership which we was our initial goal with our partners and as we talk about in our grants but there are some other things here that you’re probably not aware of. The Arboretum has a problem with deer and keeping those little critters out it’s a very, very important and Allen and Peter here can attest to that but it provides the security that they are looking in keeping those critters off. The other significant item here that I’m sure you’re not aware is that the person that initially started this conversation with Life Time Fitness. He’s no longer with us. He died at a very young age. I want to say he was less than 40 years old. He’s no longer here. Life Time would like to honor that person’s commitment with Life Time, his vision with the connectedness of the community and so we have plans for a memorial if you will for that section of trail in front of Life Time Fitness. We talk about this being critical infrastructure to be constructed timely. Federal funds right now if we go with the project, stay within Carver County and for one dollar of local funds, that’s three additional dollars being federal, county or from the Arboretum. And it addresses the number recreational demand that we have which is hiking, biking, walking trails are extremely popular. The other thing I’d like to just kind of mention, so we talked about those connections if you will but there are some experiences here that people may or may not know either. And so some of those experiences and I was biking from my home in Chaska to Minnewashta Regional Park here the other day and I thought geez how great would it be to get a nice cold drink over at the Arboretum’s café. Or if I was particularly thirsty I would continue on further to the Brewery in Victoria or maybe to the ice cream shop there. Again if I wanted to go further yet and connect with the Lake Minnetonka regional trail and get back to Excelsior and do this grand loop that would bring me all…from Chaska. So there are some neat experiences to be had by this trail. So Madam Chair and members we are recommending that we move ahead with this project. We have had strong partnership for this project. It’s lasted over a number of years. It’s lasted through some really trying times as we’ve done this project. It avoids future costs of a trail on the Trunk Highway 5 itself which will be much more expensive and certainly in a less desired area than the grounds of the Landscape Arboretum. This has been an enormous effort. Mast planning. Good will by partners and a huge undertaking rally this last year to get the project to where it is. The next opportunity would be a number of years in the future if this Chanhassen City Council – June 8, 2020 24 opportunity does not succeed. With that Madam Mayor, members I’ve certainly got partners here in the room. I think some of WebX. I’d stand for questions. Mayor Ryan: Thank you Mr. Walsh. Council if any of you have any questions to begin and then we can have some conversation around it. Any questions for Mr. Walsh Councilman McDonald? Councilman McDonald: Yes Mayor, thank you. I’ve got basically two questions. First question is why is the estimate so far off? Marty Walsh: Madam Mayor and Councilmember McDonald. Really we believe it relates to two significant items. The boardwalk, the addition of a boardwalk was a million dollars and the box culvert. We believe the engineer’s estimate in those two categories were under valued. There’s some other things too that with regards to earth work…under value but as our engineering department has taken a look at this and compared it to other spots the pre-estimate that we have near the low bid are in line with other work the County has done. Councilman McDonald: Okay. And then the other question I have for you is that Chanhassen’s share is going up. Are the other partners shares also increasing? Marty Walsh: That’s correct Madam Mayor, Councilman McDonald. All the partner shares are going up proportionately just as you know it’s 25 percent for the Arboretum. It’s 50 percent for Carver County and 25 percent for Chanhassen. Everyone’s cost going up proportionately. Councilman McDonald: Okay I have no further questions, thank you. Mayor Ryan: Thank you Councilman McDonald. Councilwoman Tjornhom, any questions at this time? Councilwoman Tjornhom: Councilman McDonald kind of already asked the questions that I was going to ask about why the cost increase and what our partners were seeing with this too. If they had a cost increase so not at this time. Mayor Ryan: Alright thank you. Councilwoman Coleman any questions at this time? Councilwoman Coleman: Yes if someone wouldn’t mind just reiterating you know where the funds will come from on our end and if this will have an impact at all on next year’s budget moving forward. Mayor Ryan: Mr. Sticha is stepping forward. Greg Sticha: Councilmember Coleman, Mayor, the funds were budgeted as part of the 2020 CIP. They are park dedication fund dollars that have been I guess budgeted for the purpose of Chanhassen City Council – June 8, 2020 25 this project. Going into this CIP year we had planned for $1.2 million. The issue with the funding for that is we probably only have about $1.3 million in available park dedication fund dollars to pay for any project so we’re essentially short in park dedication fund dollars by roughly $300,000. So while this would not impact the general fund budget, this would have an impact if we were to have to either temporarily loan it internally or as I suggested earlier this evening if the council did want to proceed with this project would be to ask for a zero percent interest loan from Carver County in the hope for future park dedication fund dollars when they are paid in 2020, 2021, or 2022 to repay the remaining portion, i.e. the $300,000 that we would be short. Keeping in mind in that time we wouldn’t have a lot of opportunity to fund any other projects with park dedication fund dollars. We also don’t have a lot of other projects currently in the 5 year CIP slated for park dedication fund dollars. Mayor Ryan: Thank you Mr. Sticha. Anything further Ms. Coleman at this time? Councilwoman Coleman: No thank you. I just wanted to make sure I was clear on that. Appreciate it. Mayor Ryan: Councilman Campion? Councilman Campion: I actually had a follow up for Mr. Sticha. So how does this increase relate to then you know the Lake Ann trail? Completion. Greg Sticha: So Lake Ann trail is roughly $4.2 million. There was probably no scenario where we were going to be able to fund Lake Ann trail without some type of property tax increase. Park dedication fund dollars would be very difficult to fund Lake Ann trail with. It could take you years to accumulate $4.2 million dollars in park dedication fund dollars. So Lake Ann trail is probably going to have to be something that we’re going to have to consider some type of levy and debt payment to make that particular trail happen and probably not park dedication fund dollars. Councilman Campion: Yeah and I’m just raising that. You had commented that there weren’t any other significant expenditures planned in the next 5 years but. Greg Sticha: That were not part of the CIP for park dedication fund dollars. Councilman Campion: Okay got it. Mayor Ryan: Alright anything further at this time Mr. Campion? Councilman Campion: No more at this time. Mayor Ryan: Okay thank you Mr. Sticha. Mr. Walsh I don’t have any questions for you at this time. I think, I mean I know that there’s been some conversations as well but there’s just some Chanhassen City Council – June 8, 2020 26 information that I appreciate your presentation as well as Mr. Hoffman’s presentation. Clearly you know that you’ve had support since this first started discussion I think back, actually back in 2009 when I was on the park board and that was when it first came to the conversation. Obviously since 2017 you’ve had the council behind you as we you know progressed. We’ve also had an increase in the price as we’ve progressed earning from $900,000 and up to $1.2 million dollars and now we’re at over $1.6 million dollars. And we understand that that happens as time goes. Costs increase. We understand it. I think it’s very clear how much we appreciate the partnership with Carver County. Obviously with the Arboretum and that relationship and there are many benefits to this project that I think the reason why you got support over the course of those last years is because we understand that it’s a missing trail link or connection. There’s a lot of cyclists in the area that use it. It’s something that Chanhassen takes great pride in is investing in their trails. I mean it’s why we get recognized all the time is our parks and trails. The challenge that I see and is a big challenge I think for this council. We had our meeting earlier today when we talked about our budget situation and it isn’t just this but in a big picture and yet if we focus you know council just on where we’re at with our park dedication fund Councilwoman Coleman you asked and I have our CIP, our 5 year plan and so for 2020 we started at $1.795. $1,795,000 and what that’s been spent on is our picnic tables and benches, trees, and the park equipment replacement that we’ve done the projects so far and City Center Park the paver replacement. And so of that $1., almost $1.8 we’ve already spent $445,000 and so when you see in Mr. Hoffman’s report why, or Mr. Sticha pointed out that what’s remaining in our park fund is $1.35 million dollars left in this park fund as stand today. We’ve already committed to the nature trails so now you have to take about $150,000 out of that and so we’re left with this $1.2 million and so now we’ve just spent our park fund. So we have no dollars left in our park fund without even doing this project and now you’re going to add, you know now we have this project has gone up to $1.681. We are now going to be running a $481,549 deficit in our park fund and while we don’t have any major projects and Mr. Campion or Councilman Campion you asked about the Lake Ann trail. You know that is for sure a pipe dream but we are running a deficit for what we do every single year. Certainly since I’ve been on, involved in the park board with picnic tables and benches. We don’t have the trees. Some of the other park replacement equipment so that means we don’t have any money to touch any parks that are vital to the community and the neighborhoods in this community. Tennis court refurbishment is for 2021. We are running a significant deficit and while we talk about the potential of $10 million dollars at some point coming into this park fund, I mean that is long term. When I was on the parks commission we had a goal of always maintaining a minimum balance in the park fund of a million dollars and we slowly kept eating away at it because there were important projects that obviously needed to get done but now we are at a point where we have to make a decision as council of do we want to run such a significant deficit and then borrow from whom? The County again? We’re already borrowing from the County to pay for our Lyman Boulevard project. I don’t think the County should be our bank. We don’t have any sources of additional revenue for the City other than increasing taxes and we already added you know our franchise fee last year so we could pay for roads and we learned tonight with Mr. Sticha we are potentially facing not getting money from the State Aid and so now we have to figure out how we’re going to fund some major road projects and so you know there comes a point where as vital as this connection Chanhassen City Council – June 8, 2020 27 is and as important as making these trail connections are, we owe it to our residents first that we are being you know good stewards of their dollars and by running a deficit in a park fund from borrowing again from the County. From our using our reserves which we know we’re going to need just based on some of our budgeting situations going forward, is that really the wisest decision? I mean it’s hard to look out and see you know representatives from the Arboretum and we got the tour and it’s a beautiful tour of where the trail was going to go but at the end of the day we have to answer to our residents in saying this is how we spent our money. This is what we get is we borrowed again, we borrowed from the County. We ran a deficit in our park fund yet we don’t have enough money for our roads. You know I think that’s a really challenging predicament for us to be in when we have to make, when we have to answer that question. I know how much money and time and effort has gone into this project and planning on it and I appreciate everybody’s time and effort in putting this forward but it doesn’t mean that it’s the end. I mean we’re on our consent agenda tonight we approved you know support of funding, federal funding for part of the Arboretum area transportation plan. Now I know that’s Minnewashta Parkway up to Rolling Acres but you know long term as we are going to be sitting down as council in the next month or two to talk about that whole area of planning, if council recalls in our work session you know the intersection between, at Highway 5 and Highway 41 is going to be redone and MnDOT has already provided support for a plan to redo that intersection so there is going to be time in the future to address crossings in that area and so just because it’s not this time, you know I don’t believe that that means never and at the end of the day when we vote on something you know I really feel that I, I mean I have to be 100 percent comfortable. It’s our taxpayers dollars and running a deficit in a park fund and borrowing from reserves which we know we’re going to use is not, it just not a responsible way to move forward and you know I just think that the numbers are clear as day. Again I come back to your presentation. I think that the value add is significant. I understand the importance of this project but when push comes to shove and you can’t afford to do something you shouldn’t do it and that’s really where I am right now is we as a City cannot put ourself in a financial predicament that jeopardizes other things and when I say things I really mean our 2020 budget. 2021 budget as well as all of our road construction projects that are going to be a challenge in the coming years so I just wanted to share my thoughts with council on this and I’m open to further discussion or feedback from council. I’ll start with you Councilman McDonald. Councilman McDonald: Well thank you Mayor and I will say your point was very well stated. The thing for all of this though for me is as we’ve said this has been a 25 year project. Been looking at this for a number of years. You’ve been waiting for an opportunity because if we’re going to put in a below grade crossing it just isn’t that easy when you’ve going across a major roadway so we’ve been waiting for something to happen on Highway 41. It finally happens and we have an opportunity. It troubles me somewhat that we’re looking at borrowing money from the park board but I think it’s money that the park board would have. I’ve talked to the park board. They understand that if this money is spent on this project it will diminish what they can do going forward and I think that they have prioritized this project as something worthwhile and something that they would place a higher priority on so I think in listening to them, the fact that all the other partners in all of this have also experienced an increase. The fact that, I don’t know Chanhassen City Council – June 8, 2020 28 that you could even bring this team together again. There are a number of moving parts in all of this and it’s taken a number of years to get everybody’s cooperation and agreement in order to do this plan. I think it’s a worthwhile project. We just talked a little bit earlier about why is the Arboretum being known as being in Chaska. Well part of it is we don’t have good connections with the city of Chanhassen. This gives us a good connection. It gives us you know part of what we’re trying to do with those features of our city that we do try to highlight and again draw people in for. So I think with that it is a worthwhile project. I would support it with the understanding that again we’re borrowing money from the park board for a fund going forward. There probably are not a lot of projects that the park board’s going to be able to put forward but a couple years ago on the commission that you sat on you looked at what was the plan for the park board? You know what are we going to do as far as money? What are we going to lay out projects for and we tried to put together a list again without a real timeline but something that said these would be I think projects of opportunity and as they came up we would look at how do you get funds to fulfill the opportunity. I think this underpass is one of those things and I think that you know again it’s something that would be supported within the community. If you’re going to wait for the Highway 5 corridor to come up, now you’ve still got a problem on how do you cross Highway 5 because at this point if you shifted that you’ll be on the north side of Highway 5 instead of being on the south side because to be on the south side you’re going to again be on Arboretum property and right now they’re not part of anything to do with any upgrade to Highway 5 so that’s why I think it’s important that the City has again stated that this is a priority going back 25 years we’ve been trying to find a way to do it. I don’t want to wait another 25 years so I would support it. Mayor Ryan: Mr. Sticha I think you should clarify that we’re not borrowing against the park, from the park fund. If we go forward we have to use our reserves that we highlighted earlier because we’ll be running a deficit in our park fund. Greg Sticha: You would have to either use reserves to borrow until the park dedication fund dollars came available, or borrow from the County until park dedication fund dollars became available. You have to borrow from one of those two sources. Mayor Ryan: Because the park board will be running a deficit with just the increase, right. Greg Sticha: Yep. Councilman McDonald: Then Madam Mayor could I ask you a question Mr. Sticha? Has the County indicated a willingness to loan us the money at zero interest? Greg Sticha: We’ve had some I think email discussion about it but I don’t know that they’ve officially stated that they would be willing to do that. Marty Walsh: I can speak directly to it. Perhaps my supervisor is watching…so I believe the County is receptive to a reasonable financing plan for that amount that is over the money. Chanhassen City Council – June 8, 2020 29 Greg Sticha: In terms of how long will it take to repay the last $300,000-$350,000 it depends on development. Park dedication fees in a normal year we probably have $75,000 or $100,000 that would roll in. Currently the one major development that we do have is not paying park dedication fees so that leaves only smaller projects that are coming in on occasion that are actually paying park dedication fund fees so we’re not going to probably see a lot of revenue in 2020. Some. So it could take 1 or 2 years before we’d have that $300,000 in the fund to pay it back. Councilman McDonald: So how long would it take to be able to pay the money back then? Todd Hoffman: Depends on development but the money might be there before the projects is built back out… Again we’ve studied this for a long time because we always wanted to know what the eventual income would be in park dedication so you know it’s well in excess of $10 million…so if you’re ever going to borrow money, many cities do this. In my 33 years here we’ve never borrowed for the park fund so if this is the first time in my career that we’ve borrowed against the park fund, that is the first time. Many cities do this… In many cases you wouldn’t use all the park fund money. There might be some… Mayor Ryan: And I think the big project that everybody’s waiting for is Avienda and Avienda is nowhere in sight and we keep getting feedback that you know that’s the one big project that when we talk $10 million that’s being built out and we have $10 million in the fund. You know it’s a long time before we get any dollars back in the park fund to get it up from $481,549 dollar deficit to get it back to zero. That’s a long time and you know and when we talk about it’s not that and we borrow some of our reserves that we talked about at our council meeting or our work session tonight, obviously we didn’t have any lengthy discussion about our reserves but I think we all know where some of those reserves are going to have to go to maintain our infrastructure, our roads and you know some other, who knows what other unexpected costs come to the City. We have to be aware of that and while the County’s always very willing to be our banker, I don’t think we should continue to get in a relationship as a city to be borrowing from the county. We’re already doing it for Lyman Boulevard and now we’re going to do it for this. You know we don’t have the number of revenue streams that the county has right now so we don’t have wheelage tax and sales tax and other ways that we get money. We have our property tax and our franchise fee and I get very concerned with all of a sudden Carver County becoming our banker for our project and to me it just feels like with this project we’re living beyond our means and I don’t do it in my personal life and I’m certainly not comfortable doing it with taxpayer dollars so I just wanted to thank you Mr. Sticha. I wanted to get clarification on who we’re borrowing from so I appreciate that. Councilman McDonald I can come back to you if you want me to continue down the? Councilman McDonald: Yeah go ahead and continue. Mayor Ryan: Alright Councilwoman Tjornhom? Chanhassen City Council – June 8, 2020 30 Councilwoman Tjornhom: Yes thank you. I want to thank the presenters for the information they gave us tonight and this has been 25 years in the making. It’s not like it’s been 25 weeks or 25 months. It’s been a lot of people working together. The private industry, government, and that’s really a unique situation and so to now get to the last let of this journey and say no. We’re backing out of it. I just think it’s irresponsible. It’s irresponsible and it’s disrespectful for all those people for 25 years that have worked so hard and all the support they’ve had from the residents to get this done. Borrowing money from the county sometimes you have to do what you have to do to get it done and so I’m interested in hearing what the terms would be of borrowing money. If you think about it they get their money from the taxpayers. They get their money from the wheelage tax that Chanhassen pays a lot of money into and so you know there’s a lot of things that Chanhassen has done to help the County have funds also so I think this has been a partnership for 25 years and maybe there needs to be one more partnership to see this through. Mayor Ryan: Thank you Councilwoman. Councilwoman Coleman? Councilwoman Coleman: Yeah I do have to agree that this isn’t some random wish list item. This isn’t reckless spending. This is something that’s been under careful consideration and while we are living in unsure time there is every indication that the economy and life as normal or life that we’re used to is going to go back to normal. My biggest question with this is, you know has this gone back to the park board? Have they taken another look at this now that we know there’s this big increase in spending and when I met with staff a couple weeks ago to talk about road projects they mentioned that now’s a great time to take projects out to bid due to gasoline being so cheap and other items. You know is it possible to take it back out to bid to see if we can save some money? That’s something I’d be interested in knowing as well. Mayor Ryan: Mr. Walsh or Mr. Hoffman? Todd Hoffman: Councilwoman Coleman, Madam Mayor, members of the council. I spoke with Chair Jim Boettcher today and he can’t speak for the entire commission. We don’t have time to go back to the Park and Recreation Commission between the bidding but they supported the project throughout. I don’t know if Chair Boettcher has talked to anybody else recently but he supports moving forward with the project. So there’s no time to go out and rebid it. This has to be awarded by the County in the morning and then there has to be a payment made by I believe it’s the end of the week. Pre-construction meeting so we’re at the end of the time line. The time line is now and to move forward this is the time. Mayor Ryan: Thank you Mr. Hoffman. Anything else Councilwoman Coleman? Councilwoman Coleman: Well I appreciate the response. You know I do believe that we need to live within our means and not spend what we don’t have but you know I have a mortgage. When I have to get a car I have to get a loan so this isn’t like I said reckless spending. This is Chanhassen City Council – June 8, 2020 31 something that’s in the works for a long, long time. This is something that many members of the community want and would understand that there’s an increase in cost and I have yet to be disappointed by staff’s creativity to find ways to make things work and would be happy to dedicate more resources to our park fund in the future. Mayor Ryan: Thank you Councilwoman. Councilman Campion? Todd Gerhardt: Mayor before Councilmember Campion, Councilmember Tjornhom’s answer I don’t think was answered on the terms that the County would give. I think you said you know the County would be willing to step in on the difference but didn’t say an interest rate or year or anything like that. Marty Walsh: I think the answer has been provided before. I think the County is the understanding of a no interest loan and the arrangement would be a reasonable time period. Typically a year… Todd Gerhardt: Thank you. Councilwoman Tjornhom: If I could. It was hard to hear his answer Todd. Todd Gerhardt: The answer was zero percent interest over a 2 to 3 year period or I’m going to add this, until there’s park and trail dedication funds available to pay back the outstanding amount that is owed to the County to the tune of about a half million dollars. Mayor Ryan: Does that answer your question Councilwoman Tjornhom? Councilwoman Tjornhom: Thank you very much, yes. Mayor Ryan: Okay. Councilman Campion? Councilman Campion: Alright. My thoughts on this, I do appreciate all the effort that has gone into this for the past 25 years. I understand it’s a lot of work. I certainly appreciate the concept of not living beyond your means. I wish that topics like this that come to us for approval aren’t brought to us at the eleventh hour where there are no options to get more clarification or finality before voting on issues like this where there is a shortfall that we have to make up and the financial terms you know maybe are being agreed to here. It’s just, it’s concerning. I’d like to ideally to see that finalized before we vote on it so it is clear where the funds are coming from. You know and I didn’t catch the terms of the, where you say the average park dedication fees has been $34,000 per year? Todd Hoffman: $300,000 to $400,000. Chanhassen City Council – June 8, 2020 32 Councilman Campion: $300,000 to $400,000 annually. But could be less than $100,000. …right so but I mean there is the potential that 2 to 3 years down the line we haven’t made that up right? As Todd, Mr. Gerhardt was alluding to it could be 4 to 5 years. We don’t know and so in that period of time we’re not going to be repairing any park equipment. We’re not going to be doing a lot of things so those are my concerns. Mayor Ryan: So are there questions that you want addressed by council or staff tonight before I mean, this is the discussion because just for your reference. So tonight if we give our approval the Arboretum has committed but then tomorrow it goes to the commissioners. Carver County commissioners and they would approve it and then it moves forward so this is our last opportunity to get these things nailed out. I don’t know if Lyndon is on Zoom or he can text somebody but if somebody can get some sort of clarification on what the County is proposing. I’ve heard that loud and clear from at least a couple council members that they want to know what that agreement is. And if that’s the option I think the other question is okay if not that then where are we going to get the money and I think that’s something that we need to determine as a council. Are we going to be pulling from reserves? Is that what you’re asking? Councilman Campion: Yes that’s exactly it. I don’t feel like, I can’t in good conscience approve this or vote for this without knowing where the funds are coming from when it’s an identified shortfall. I mean how can you say go forward and we’ll figure out after that and maybe it’s A, maybe it’s B, maybe it’s C but yeah clarification on that. A firm number and if that’s the agreement that it would be a zero percent loan for you know until the park dedication funds are available to repay it. Todd Gerhardt: Mayor, council. The City Attorney just advised me that as a part of your motion you should lay out the terms that you need to make this approval. I mean Marty may be suggesting one thing but you need to put the terms in. This is your last chance. They’re going to award bid tomorrow and we need terms that you can live with and I agree. We shouldn’t take it from reserves from other places and I don’t know if Mr. Sticha is strong enough to make that statement but I can show you other cities that don’t have reserves and what their outlook is and it’s not good and you do not want to be put in that position and I do not want to leave this city in that position. And we worked too hard to get a AAA bond rating and to build up those reserves so I do support Mr. Hoffman that future dollars will be coming in but it’s not know when and so in whatever your motion is, if you should happen to move towards approving this you should include the terms and explain that to Marty so he can explain it to his board tomorrow. Roger Knutson: And if I could just add onto that a bit. Since this is your last opportunity if you want to say no, just say no tonight because the time is running out. So if you wanted to you could say we approve the bid, that amount subject to receiving a loan from the County for the differential between 15 percent and 21.14 percent as X percent interest over X years. If the County Board will not agree to give us that interest that loan under those terms then we cancel the agreement per Section 5.01 of the agreement because the lowest responsible bidder exceeds engineer’s estimate by 15 percent. Chanhassen City Council – June 8, 2020 33 Lyndon Robjent: Madam Mayor this is Lyndon from Carver County. Can I? Mayor Ryan: Yes go ahead. Lyndon Robjent: Yes so thank you very much for all the discussion. This has been great. I would say that the County is committed because this project is so important that if the City is wanting to contribute the $1.2 million that you already had budgeted we would be willing to finance the rest over 3 to 4 years at zero percent financing until you can attain those funds. I’m, pretty confident I can get the Board to adopt that. Mayor Ryan: Thank you. Councilman Campion: He should watch out, he’s going to get hit by a semi. Todd Gerhardt: You shouldn’t be out in the middle of 212 in rural Carver County. Get run over by a cow. Mayor Ryan: Mr. Campion I think it was last on you. Obviously you got a little more clarification on that in terms of what the County’s willing to do. I think you heard clearly from Mr. Gerhardt about the dangerous precedent it would set or situation we would be in by using our reserves for a project like this so I don’t know if you had any further comments or questions or if you wanted to pause at this time. Councilman Campion: No further comments or questions at this time. Mayor Ryan: So you know I’ll keep talking because I feel very strongly about this. I am really concerned about continuing to borrow for projects. Now I know we borrow for cars and mortgages but that’s our own money and you have the choice to do this. We are utilizing taxpayer dollars to borrow, you know we don’t. Yes back in 2017 and ’18 and ’19 we got support but when you, I’ve been at the public hearings where you put projects out on the board and people comment on them and who doesn’t like. I mean it’s a beautiful project. It makes sense. It makes connections. Of course I would that you would have support. I mean you had the support from council but June of 2019 is not June of 2020 when we are facing so many unknowns with Covid and just our own budgeting situation and to you know hope that we’re going to get $300,000 or $400,000 a year in our park over the next couple years, we haven’t, the reason why our park fund has continued to deplete is because we haven’t been getting the development park dedication fees that we normally have in the past and so that’s why it continues to go down. And now with a project like this and I don’t disagree with Mr. Walsh, with anybody that this has been a hard project that people have put their time and effort with, to and with the Arboretum but we are talking now about borrowing money from the County, unless somebody wants to go with the reserves. You know to pay for this project which then eliminates any opportunity for us to do anything going forward. But aside from that I, I just really struggle Chanhassen City Council – June 8, 2020 34 with spending money that way. I really, I just struggle with it. I struggled with it with the Lyman Boulevard project having to borrow such a significant amount from the County and now we’re back here doing it again and when you have to keep borrowing to pay for projects you have to think maybe we can’t afford it at this time. And I don’t believe that it’s the end. I don’t believe that just because if it doesn’t happen today that it doesn’t happen going forward. Any other comments by council? Any further questions or points of clarification? Councilman McDonald. Councilman McDonald: I’ll come back. My support of this is kind of based around the fact that we would get a loan from the County. I too am not in favor of doing the reserves because I’m not sure how much we’ve actually got. And I think it needs to be dedicated going forward but I think I agree with Councilwoman Tjornhom when we says that borrowing money from the County is getting some of our money back. We do pay a lot of money to county taxes. A lot of that money goes down there. It should benefit us. A zero interest loan I think is a very good deal. I would amend any support of this to getting that type of loan and if we could not get that then I would agree with the Mayor we don’t have a source of funding. Because we can’t put a bond issue. It’s too late and we can’t borrow from our reserves because I agree that would not be responsible so I don’t know if you’re ready for a motion or not. If anyone else on council wishes to speak I would yield to them right now. Mayor Ryan: Councilwoman Tjornhom any other comments? Councilwoman Tjornhom: No just that I’m in favor of it if the terms are a zero percent interest from the County. Not only is this a great partnership but it’s going to be a great legacy and it’s going to be drawing people into our community that wouldn’t necessarily come and we have to think about that also. You know are going to just throw it all away or are we going to have a trail that for the next 25-50 years people will come and visit Chanhassen because of the gorgeous boardwalk because it connects to the Arboretum. Because you can get to Victoria. This trail is going to be an accent and so I’m still in support of it. Mayor Ryan: Thank you councilwoman. Councilwoman Coleman? Councilwoman Coleman: I have no further questions but I do agree with Councilman McDonald that on the terms that need to be implemented in order for me to accept this. Mayor Ryan: Alright thank you councilwoman. Councilman Campion, any further comments or questions? Councilman Campion: No further comments or questions. Mayor Ryan: Okay. And the last comment I’ll make, I don’t think I can get it up on the screen but I just, I want everybody on this council to know when we sit down with Mr. Sticha and we start talking about plans for next year that we know that indefinitely we are not going to be able Chanhassen City Council – June 8, 2020 35 to pay for picnic tables, park benches, trees, tennis court refurbishment and then nothing else comes on until we basically repay $500,000 to the County so there’ll be no park projects. No neighborhood park projects going forward for at least the next 3 years. I would feel comfortable saying and so we’ll have no park and trail improvements in the city of Chanhassen so I just, that’s a tough pill to swallow. But with that that’s my last comment so. Todd Gerhardt: Mayor, council I have one last thing to say in 22 days. The term has to be somewhere between 5 to 6 years out. I do not believe that with the economy the way it is and what’s going on in this community that you’re going to have $500,000 in park and trail dedication fees in 5 to 6 years. So I think at least your term should be 5 to 6 years and I know that is substantially under what other negotiations are and it would be my recommendation to the council to include 6 year term on this. Mayor Ryan: Well if somebody is going to make a motion and they want to add that then I guess it’s up to the county board to make that decision on whether or not they agree. Councilman McDonald: I’ll make a motion. Mayor Ryan: Okay Councilman McDonald. Councilman McDonald: Okay I would propose that the City Council authorizes an increase in budgeted expenditures for the City’s share of the Highway 5 regional trail and underpass from $1.2 million, or $1,200,000 to $1,681,549. I would further add that this motion would be conditioned upon terms of acceptance by the County that they would loan the difference in money to us at zero percent interest and I’ll go with 5 years and it would be paid back as soon as possible or at the end of 5 years. Roger Knutson: Without interest? Councilman McDonald: Without interest. Didn’t I say that? Roger Knutson: And you might also want to add that if they don’t agree, if the County does not agree to the terms of the loan then you cancel the JPA pursuant to Section 5.05 of the JPA. Councilman McDonald: Okay we’ll add that as the last sentence. Mayor Ryan: Alright, thank you Councilman McDonald. We have a valid motion. Is there a second? Councilwoman Tjornhom: Second. Mayor Ryan: Second from Councilwoman Tjornhom. I will take a roll call vote please say aye or nay. Chanhassen City Council – June 8, 2020 36 Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council authorizes an increase in budgeted expenditures for the City’s share of the Highway 5 regional trail and underpass from $1,200,000 to $1,681,549, conditioned upon terms of acceptance by the County that they loan the difference in money to the City of Chanhassen at zero percent interest and it would be paid back as soon as possible or at the end of 5 years. If the County does not agree to the terms of the loan then the Joint Powers Agreement will be canceled pursuant to Section 5.05. All voted in favor except Mayor Ryan who opposed and the motion carried with a vote of 4 to 1. Mayor Ryan: That motion carries 4-1. Thank you for being here tonight. Thank you for being tonight gentlemen. And I should add and now, we did receive both emails and they were shared with council tonight from Life Time Fitness and another gentlemen so we have those as part of the packet. Todd Gerhardt: Mayor I’d also direct staff to work with the City Attorney to draft the language based on your motion to send over to Carver County first thing tomorrow morning. Mayor Ryan: Yes please, thank you Todd, Mr. Gerhardt. Thank you Mr. Knutson. COUNCIL PRESENTATIONS. Mayor Ryan: Any council presentations? Councilman McDonald? Councilman McDonald: I guess what I would report back on is, again I attended another Zoom meeting today based upon the transportation for the Opt Out’s. One of the things that we are definitely looking at ridership and what the trends are looking for going forward. We’ve taken a number of surveys. We’ve done a number of things to look at where the economy is at. What the new normal will actually look like. The picture that’s beginning to emerge is that it will probably be until the fall, about the time school starts and a few other things get worked out as far as the stay at home order. What businesses are going to open. Those types of things and how businesses right now will accept the stay and work at home models everybody is at so what we’re looking at is ridership will probably be down for the rest, at least this quarter. What we would look at is that going into September-October there should be an increase but again no one knows for sure. We’re following the same trajectory that all other metropolitan areas are because we’re following their experiences the same as our’s. The whole country is kind of behaving the same way. It’s a wait and see attitude. People are starting to get their jobs back. It’s starting at a local level and that’s kind of it but it’s a moving target now and it looks like it’s moving faster than it was before but I’ll probably have more going forward because we are going to be looking at what this public transportation actually looks like with the new normal. That’s kind of where we’re at. It’s not definitive but I can tell you that things are probably going to be changing. Chanhassen City Council – June 8, 2020 37 Mayor Ryan: Thank you Councilman McDonald. Any other council presentations? Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No Madam Mayor. Mayor Ryan: Councilman Campion? Councilman Campion: No. Mayor Ryan: I just would like to congratulate all students on graduating. I know the seniors are out. I know there’s a few school districts that still have one more day of school but just want to extend congratulations to all the students for a successful year. I know it ended very challenging with at home learning and so hats off to the students. A huge thank you to teachers for you know supporting our kids through something so new for all of us. Just want you to know how much we appreciate and value the extra effort that you put in to make it work for everybody and then of course thanks to the parents for helping your kids and supporting your kids through this. It was a journey and we’re, but we made it through so congratulations to all those that graduated. A special thanks to our fire department Chief and the duty crew that were on that night. Had an opportunity last Friday to hand our proclamations at the Chanhassen High School parade for when the seniors went through and it was a great night. We were there for about 3 hours handing out proclamations and taking pictures and congratulating them and the Chief and his team were there and they had the extended ladder truck and put the banners that you see hanging in downtown hanging from the ladder truck and it just meant a lot to our community, to the students and we had a fun time so just appreciate everybody’s effort in that and congratulations to Principal Unger on his retirement and he really finished with a bang so congratulation students and wish you the best in your next adventure and endeavors. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Nothing administratively or? Todd Gerhardt: Well yeah. You took a little bit of my thunder there Mayor. I also want to congratulate the Chanhassen High School but I also want to thank Mayor Ryan for giving up her Friday night from 6:00 to 10:00 handing out to make sure all 383 seniors got a proclamation with a pin and a picture underneath the banner. It was almost 100 feet in the air and well represented. Thank the duty crew, Don Johnson but Mayor thank you for giving up your Friday evening. Mayor Ryan: It was a lot of fun. It was a great time. I enjoyed it so excited students you know it was the first time they had ever done a parade like that before and so even the ones that were at Chanhassen City Council – June 8, 2020 38 the end of the line that had been sitting in their car for 2 ½ hours were happy to get to the line and got a picture taken and hats off to the band members that were playing for 3 hours. Those trumpet players, I don’t know if they have any feeling in their lips anymore so anyway it was a great night. Had a really good time so thanks again. CORRESPONDENCE DISCUSSION. None. Councilman Campion moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION JUNE 8, 2020 Mayor Ryan called the work session to order at 5:00 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Charlie Howley, Todd Hoffman, Jerry Ruegemer and Greg Sticha DISCUSSION OF 4TH OF JULY FIREWORKS PLAN. Jerry Ruegemer provided background information on the work that’s been done to date on planning for the City of Chanhassen’s annual 4th of July celebration and outlined the schedule of events planned for Lake Ann Park. He explained it is the city staff’s recommendation that the fireworks plan include drive up only and closing Lake Ann Park at 5:00 p.m. on July 4th. DISCUSSION OF 2020 AND 2021 BUDGET. Greg Sticha reviewed the 2020 budget estimated projections for the rest of the year noting the City is currently on pace for a small deficit within the 2020 General Fund. He also discussed 2021 general fund budgeted estimates for wage increases, police contract, health insurance, overtime adjustments, fire training adjustments for Legion due to lack of funding, assessing contract, general liability and workers comp insurance, shared SRO with school district and funding an additional ½ full time employee for the fire department admin position. Council discussed various fund reserves, discussed the Highway 41 regional trail and underpass with potential funding with park dedication revenues supplanted with an interest free note from the County to be repaid with future park dedication revenues. DISCUSS INTERIM CITY MANAGER HIRING PROCESS. Todd Gerhardt discussed his recommendation that the City Council consider hiring an Interim City Manager until a new City Manager is hired. He recommended Heather A. Johnston and Frank F. Boyles III as potential candidates and explained his confident in their ability to provide the day to day management of the city. Mayor Ryan adjourned the work session at 6:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Receive Planning Commission Minutes dated June 2, 2020 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No: PROPOSED MOTION “Receive Planning Commission minutes dated June 2, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Summary Minutes dated June 2, 2020 Planning Commission Verbatim Minutes dated June 2, 2020 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JUNE 2, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Associate Planner; Matt Unmacht, Water Resources Coordinator; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; Erik Henricksen, Project Manager; and Charlie Howley, Public Works Director/City Engineer PUBLIC PRESENT: Jeff Franz 8950 Sunset Trail PUBLIC HEARING: CONSIDER A REQUEST FOR SETBACK VARIANCES TO INSTALL A SEPTIC SYSTEM IN THE NW CORNER OF PROPERTY LOCATED AT 565 LAKOTA LANE. MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for clarification of the term non-imminent failure of the septic system. Commissioner Reeder asked if the current septic system could be fixed. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Skistad moved, Randall seconded that the Chanhassen Planning Commission recommends that the City Council approve a variance allowing the placement of a pump line, tanks, mound and dispersal area within the 50 foot bluff setback and the 20 foot bluff impact zone and the 10 foot property line setback variance for the mound and dispersal area subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent off-site erosion. 3. The septic system must be located as proposed in the survey and design received buy the City on May 1, 2020 as part of the variance request. Planning Commission Summary – June 2, 2020 2 4. The property owner shall enter into an Encroachment Agreement with the City for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: CONSIDER AMENDING CHANHASSEN CITY CODE CHAPTER 20 TO REMOVE RESIDENTIAL RESTRICTIONS FOR REGIONAL LIFESTYLE CENTER PLANNED UNIT DEVELOPMENTS (PUD). Kate Aanenson presented the staff report on this item. Commissioner McGonagill asked for clarification of the definition of a lifestyle center and the logic behind changing the percentages. Commissioner Reeder asked for clarification on why the percentage for residential is being changed from 20 to 30 percent. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Von Oven moved, Reeder seconded that the Chanhassen Planning Commission recommends that the City Council remove the 20 percent cap from regional commercial centers and allow the residential component to be constructed before the commercial component. Lifestyle centers would still be subject to the standards and guidelines contained in Section in 20-509. The proposed amendment would read as follows: Section 20-502 – Allowed Uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of the proposed PUD is designated for more than one land use in the Comprehensive Plan the City may require that the PUD include all the land uses so designated or Planning Commission Summary – June 2, 2020 3 such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this article and the Comprehensive Plan. (3) Residential development in a regional/lifestyle center commercial PUD may only occur in conjunction with a commercial or office development and may not encompass more than 30 percent of the proposed development. All voted in favor, except for Commissioner Skistad who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: CONSIDER REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD. Kate Aanenson introduced Mark Nordland and Eric Padget with Level 7 Development who provided background information on this project. Kate Aanenson and Erik Henricksen presented highlights from the staff report on this item. Commissioner McGonagill asked for clarification on how the sub-districts would develop, height of buildings allowed in each sub- district, lighting regulations, and the signage plan. Commissioner Reeder asked how similar architectural styles will be achieved, he commended the use of underground stormwater storage, timing for construction of the ring road, the amount of on surface parking and the possible use of a parking ramp. Commissioner Von Oven asked staff to explain how the plan went from having 5 retaining walls to 2, the number of drive thru’s available on the site, and review of the parking plan. Commissioner Noyes asked at what point changes can no longer be made to the plan. Commissioner Skistad asked for clarification on the height of buildings in Section 2 before commenting she likes the changes to the plan. Commissioner McGonagill asked about the proximity of parks and playgrounds to residents within Avienda. Chairman Weick asked where the plan stood on the 30 percent residential before calling the public hearing to order. No one spoke and the public hearing was closed. Reeder moved, Noyes seconded that the Planning Commission recommends approval of Planning Case 2017-19 to rezone 118+/- acres of property zoned A-2, Agricultural Estate District to Regional Commercial-PUD Subdivision contingent upon final plat approval, as shown in plans from Landform dated April 14, 2017 and June 12, 2017 and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUD Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends that the City Council approve the Rezoning of 118 +/- acres from Agricultural Estate District, A-2 to PUD Regional Commercial including “Exhibit A Avienda Design Standards”. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Planning Commission Summary – June 2, 2020 4 SUBIDIVISION Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends that the City Council approve the Subdivision Preliminary Plat creating 19 lots, 3 outlots, and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to the following conditions: Engineering 1. If subsequent phases require retaining walls they shall be privately owned and maintained. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 3. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The city requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted prior to final plat and/or permitting. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. 11. Private sanitary and water mains shall inspected and constructed to meet the city’s requirements for public utilities. 12. The developer will be required to complete the water main loop along Lyman Boulevard. 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. Planning Commission Summary – June 2, 2020 5 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. 16. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. 17. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers Boulevard and Audubon Road. The escrow amount shall be based on the Carver County’s cost participation policy as published on their website. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDot, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 19. A drainage and utility easement shall be placed over any outlots. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporate into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. 7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. 8. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement. Park and Trail 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. Planning Commission Summary – June 2, 2020 6 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over 4 feet high require a building permit and must be designed by a professional engineer. 4. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. Building plans (when submitted) must include a code analysis that contains the following information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls, Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required (Common Path, Travel distance), Minimum Plumbing Fixture Count. 6. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 7. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed building, including but not limited to allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 8. Every building, containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer. (MSPC 713.0) 9. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Planning Commission Summary – June 2, 2020 7 Fire Department Comments At the time of site plan, review the design for the private street, adjacent to the preservation area that accesses the Senior Housing and Townhouses needs to accommodate for emergency apparatus. Conditional Use Permit The Conditional Use Permit was already approved and will be reaffirmed with the revised preliminary plat with City Council approvals. “The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff Creek Boulevard subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. 2. The developer shall provide the city with a management plan for the area and submit to the city for review. 3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or create a 20 foot buffer from the Primary Zone. 6. The buffer will be required to have a vegetation management plan and soil amendments. Wetland Alteration Permit The Wetland Alteration Permit was already approved will be reaffirmed with the revised preliminary plat with City Council approvals. The Chanhassen Planning Commission recommends that City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: 1. The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. 2. A Technical Evaluation Panel (TEP) meeting is needed to review the application. Planning Commission Summary – June 2, 2020 8 3. If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. 4. City staff has reviewed mitigation options. City staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance with WCA requirements. This condition has been met - see attachment. 5. The applicant shall contribute $300,000 to the city for water quality improvement projects within the watershed. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: CHAPTERS 1, 18, 19, AND 20 STORMWATER AND WETLAND ORDINANCE AMENDMENTS AND LOCAL SURFACE WATER MANAGEMENT PLAN UPDATES. Matt Enmacht presented the staff report on this item. Chairman Weick asked for clarification on what happens when a project falls under two WMO’s. Commissioner McGonagill asked about ownership of dedicated drainage and utility easements. Commissioner Reeder asked if developers are paying the cost for the City to review watershed plans, if it is common for other cities to be the permitting authority, and how the City will handle changes made by the WMO’s in the future. Commissioner Von Oven asked for clarification on why the WMO’s were okay with these proposed changes. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. McGonagill moved, Von Oven seconded that the Chanhassen Planning Commission recommends the approval of updating ordinances amending Chapters 1, 18, 19, and 20 to align city ordinance with the Local Surface Water Management Plan and updated local Watershed Management Organization Rules. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated May 5, 2020 as presented. ADMNISTRATIVE PRESENTATIONS. Kate Aanenson presented updates on action taken by the City Council at their May 26th meeting and noted that there were items scheduled for the next two Planning Commission meetings. McGonagill moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 9:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 2, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Associate Planner; Matt Unmacht, Water Resources Coordinator; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; Erik Henricksen, Project Manager; and Charlie Howley, Public Works Director/City Engineer PUBLIC PRESENT: Jeff Franz 8950 Sunset Trail PUBLIC HEARING: CONSIDER A REQUEST FOR SETBACK VARIANCES TO INSTALL A SEPTIC SYSTEM IN THE NW CORNER OF PROPERTY LOCATED AT 565 LAKOTA LANE. Walters: Alright, thank you. As was mentioned this is a request by Francisco and Heather Silva to place a septic system, replace a septic system at 565 Lakota Lane. The item will also go before the City Council on June 22nd for final approval and they are requesting to locate the septic system within the 50 foot bluff setback, 20 foot bluff impact zone and 10 foot property line setback. So a little overview of the area. The property is zoned Agricultural Estate. This zoning district is designed for septic properties. Has a minimum lot size of 2.5 acres. Has required 50 foot front and rear setbacks, 10 foot side yard setbacks, a maximum of 25 percent impervious coverage. Properties with bluffs are also subject to a 30 foot bluff setback or they must meet the existing principle structure setback. It was built before 1991 and then there’s a 20 foot impact zone from the bluff where vegetative removal is limited. Septic systems are subject to a 50 foot bluff setback and a 10 foot property line setback as well. So this particular parcel is 2.57 acres. It has about 4.7 percent lot cover. The primary structure was built significantly before the existing bluff ordinance was passed and so it has a non-conforming 6 foot bluff setback. It has a non-conforming 34 foot front yard setback. It has a patio that has a non- conforming 27 foot front yard setback. The existing septic system is actually located about right here and is actually within the bluff and it has a non-conforming driveway with multiple accesses. The applicant is requesting to install a new septic system in the northwest corner of the property. To do that they would need to install the pump line, mound, dispersal area all within the 50 foot bluff setback and mostly within the 20 foot bluff impact zone as well. The mound and dispersal area would be located within the 10 foot property line setback and some of the dispersal zone would be, dispersal area sorry would be within the city’s right-of-way. The Chanhassen Planning Commission – June 2, 2020 2 applicant’s justification is the existing system when they do an evaluation when houses go for sale and it was found to be in a state of non-imminent failure. This requires that the septic system be replaced within a couple years. There’s no location on the property that’s outside the 50 foot bluff setback. They created a proposed location that creates as much separation as possible between the proposed septic system and the top of the bluff. It’s not possible to install in a down slope location because there’s no way to get equipment down there so essentially they’re requesting this location because there isn’t another viable location on the property. This graphic I created helps demonstrate the constraints they’re under in siting the property. There’s a 30 foot well setback where no septic system can be. The yellow line here is the 50 foot bluff setback. This is the 20 foot impact zone and this is the approximate top of the bluff. This is the topographical survey of an aerial of the property. As you can see there’s pretty steep slope back here. It’d be over 500 feet to get down to where it begins to even out and the only access would be through the Hennepin County Railroad Authority’s trail system. We don’t believe it would be possible to get permission to bring in equipment through there. Given the site constraints it’s staff’s opinion that this is the only viable location and for that reason staff is recommending approval of the variance. Weick: Great, thank you MacKenzie. At this time I’ll just go ahead and allow Planning Commissioners to jump in if you would like to ask a question of MacKenzie. McGonagill: MacKenzie this is Mike McGonagill. The question I had for it, I guess reading the write up this was went into non-imminent failure in November of 2016. Walters: Correct I believe. McGonagill: And so since that time they’ve just been trying to come up with a solution. I guess the term non-imminent failure, what that means from septic standpoint…like you said a couple years so that it’s not, they haven’t been in violation of anything but just that this needs to get fixed, is that correct? Walters: My understanding of how it works is once it’s in that, it’s a non-compliant state it means it’s not actively leaking but it needs to be repaired and brought up to code. I can’t remember if it’s a, I honestly can’t remember the exact number of years they have but they have an absolute threshold where it has to be updated and I know they’re approaching that. McGonagill: Okay thank you, that was my question. There’s a time limit to this? Walters: Yes. Reeder: Mr. Chairman is there no way that you can fix the current system? I don’t know anything about systems but is that not an option? Walters: No, is my understanding. Chanhassen Planning Commission – June 2, 2020 3 Weick: Because it was inspected correct? Walters: Yeah they, again I’m not a septic designer but whenever houses are put for sale they do an inspection and if it’s determined to be in this state you need a new septic system. Reeder: You have to move it somewhere else is that the question? Walters: That is my understanding because once the again I would defer that question to the septic designer if they’re there but my understanding is once the soils are disturbed you can’t re- use the site. McGonagill: Yeah Commissioner Reeder I believe what happens is the soil gets saturated to the point where there’s activity through it that septic systems have a certain life and after that life it’s a natural decline. There’s a way to move produce out of the septic system you know. It just reaches it’s limit of ability to infiltrate the water and do it’s job. Reeder: Okay. Weick: Commissioner Skistad? Skistad: Yes. I think this is the one that we heard, didn’t we hear this one? Aanenson: No there’s a couple other ones that are coming in. So this is an older subdivision and these were put in a long time ago while they were 10 acre lots. As MacKenzie pointed out. Skistad: I thought this was one that we had approved. Aanenson: No I was just going to say these were put in with one septic. Any rural lot that would go in now requires that they provide two drain field sites for that specific reason but because of the slopes on all these lots you’ll probably see another one here soon so there’s letters out on some other lots that are in the same situation and so obviously we try to work with them and we did the one that was right by the golf course. Going into Bluff Creek Golf Course. That was the most recent, I think I believe the last one. McGonagill: Off of 101 or something and that came down the slope and we went through it. Skistad: Okay. Well…I guess I don’t have any more questions. It makes sense to me when I went through it. Weick: Okay and I remember too Commissioner Skistad we had a very similar case to this one relatively recently that I was confused as well. Chanhassen Planning Commission – June 2, 2020 4 Skistad: Okay. Weick: Any other comments from our commissioners? And hearing none I would invite the applicant to make a presentation or comments if they are available. And there is no one in the room and I don’t believe we have anyone on the telephone or on the Zoom call. That’s okay. It’s certainly not required for the applicant to make a presentation. Staff has done an excellent job. I will open the public hearing portion. Anyone wishing to comment on this item may come forward and do so if they’re here in the chambers or speak up online. And I don’t know if I should give it a few minutes with the phone number or we’re okay? I think we’re okay. I’m going to go ahead and close the public hearing portion of this item and open it up again for commissioner comment and/or motion. If we can get that up on the screen that would be great. Yeah if there are no comments or questions I would certainly entertain a motion from one of the commissioners. Skistad: I’ll motion to approve it. Weick: Thank you. Do you see it there in front of you? Can you read the motion? Skistad: I do. I did it on my phone so it’s a little small so bear with me. The Chanhassen Planning Commission recommends that the City Council approve a variance allowing the placement of a pump line, tanks, mound and dispersal area within the 50 foot bluff setback and the 20 foot bluff impact zone and the 10 foot property line setback variance for the mound and dispersal area subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation. Weick: Thank you Commissioner Skistad. We have a valid motion. Do we have a second? Randall: Second. Weick: We have a second from Commissioner Randall. I will open it up for any final comments to the commissioners. And hearing none we’ll have a roll call vote. Skistad moved, Randall seconded that the Chanhassen Planning Commission recommends that the City Council approve a variance allowing the placement of a pump line, tanks, mound and dispersal area within the 50 foot bluff setback and the 20 foot bluff impact zone and the 10 foot property line setback variance for the mound and dispersal area subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent off-site erosion. Chanhassen Planning Commission – June 2, 2020 5 3. The septic system must be located as proposed in the survey and design received buy the City on May 1, 2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the City for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Weick: Thank you MacKenzie. PUBLIC HEARING: CONSIDER AMENDING CHANHASSEN CITY CODE CHAPTER 20 TO REMOVE RESIDENTIAL RESTRICTIONS FOR REGIONAL LIFESTYLE CENTER PLANNED UNIT DEVELOPMENTS (PUD). Aanenson: This is mine. Weick: Kate. Aanenson: Thank you Chairman. So this is an item that obviously affects the next item on the agenda but when we wrote the city code in 2009 clearly this ordinance, it was based on the Comprehensive Plan which we put in place with the PUD ordinance so if you recall in 2008 we hadn’t really contemplated a regional lifestyle center but we had a market study brought to us and the City contracted…to see if it was even something viable to move forward with would be a lifestyle center and having put the lifestyle center on a survey and through the Comprehensive Plan process we did on that the City adopted that the potential of the lifestyle center. In doing that the thought was that we’d put it into the PUD and then put restrictions on it so it would not become all, a residential. We wanted it to be a true lifestyle center which meant based on our definition in drafting the PUD that the lifestyle center would be a mix of office, retail and the like and at the time we put a cap of 20 percent on it and that was so if you look back 20 years ago, or 10 years ago it’s a lot different today then what we thought so looking at it now we recognize that really the housing is the genesis for some of the other stuff to come forward. The offices. The retail. The things that we, the City desires to have as a part of that. So by restricting the residential and also the PUD also said that the residential had to go, or I mean the Chanhassen Planning Commission – June 2, 2020 6 commercial had to go first so it’s kind of inverse of what we’re saying now because the residential is what’s going to create the market for the other stuff to come. So in order for that to go forward with the next project we’re recommending the change to the 30 percent so again in the PUD ordinance it would still be bound by the mix of use and the like but it would cap the percentage of residential at 30 percent. In addition it does not have to be the first thing to be built so those would be the changes to the PUD ordinance. So the ordinance is before you in the draft form. Again it’s for the regional lifestyle center so there’s only going to be one regional lifestyle center in the city unless we annex something and we have another 100 acres in the setting so again this would be the performance standards that would generate so that ordinance is attached. So our motion would then be to recommend the Planning Commission recommend to the City Council to approve the proposed amendment to the City’s PUD standards and I’d be happy to answer any questions that you may have. Weick: And I will open it up for commissioners to ask questions on this item at this time. McGonagill: Mr. Chairman this is Commissioner McGonagill. Kate in what, two questions in laymen’s language define for me, here’s the two questions. What a lifestyle center is, just kind of the whole concept. I know you’ve got a write up this is kind of what it is. And the logic where you started at 20 percent and you arrived to go into 30 percent. You know whether one goes with one or the other is another issue but just, those are the two questions. Just simply what is it. What’s the concept and then why the percentages. Aanenson: So good questions. So the lifestyle center is really intended to be a mix of uses. Like I said the office, the retail. Whether that be support commercial and then the office component. Some restaurants and those sort of things so it’s a true mix and then also having the housing there. We’ve always talked some housing as a buffer on this site but also some vertical housing. Some senior housing has always been shown as a component of this. So the intent when we looked at it before was there was residential housing was hot. We’ve had a lot of requests to take our industrial land and make it all be housing and we’ve always steered away from it. In our Comprehensive Plan stated that we really want to be fiscally responsible. Provide that opportunity for industrial development and if you look over the last few years you can see how much we’ve done as far as office/industrial expansion and new space so we were concerned that if we didn’t cap it and regulate that, that someone might go put too much residential or do all office so. Actually if the lifestyle center didn’t go forward the underlying zoning, so we actually guided this dual guided. We also said if for some reason this didn’t come to fruition that it could be developed as a straight office park but we know that market right now is really struggling too so we believe this is the best balanced approach moving forward knowing what we know today and what we didn’t know in 2008 when we drafted it. McGonagill: So okay go to the percentages. How you went from 20 to 30. Aanenson: Again looking at what, it seemed like a good mix with everything else in there. We felt that was a good number. The number of units. Chanhassen Planning Commission – June 2, 2020 7 McGonagill: Okay. Noyes: Is the 30 percent based on the current proposed development? The proposal or is it based on just a number that you feel is the right amount to have? Aanenson: We think it’s the right number to have. They might be looking at you know maybe potentially a little bit more than that but we thought that was the right number to have. McGonagill: Kate one other follow up question. Perhaps I think within, I’m taking a scenario now. Let’s say the residential component gets built out. Commercial lags. Will the covenants for those homes contain the fact that commercial’s going to be built so we’re, future Planning Commission’s not sitting here faced with an issue when that commercial’s stuff starting to be built. People say oh no we don’t want that in our back yard. You know what I’m saying because there’s going to be a lot of open space around there for a period of time around some of those homes and I just wanted to be sure you know how will it be clear to the residential owners that this is what they’re actually buying into? You follow the question? Aanenson: Sure yep. That’s a good question. So again the PUD is the guiding document for the entire development so anybody buying into that development or anybody choosing to build in that development it’s going to be bound by, and we’ll talk about this at a future item. The design standards. All the architectural stuff. All of the proposed uses are laid out currently so any changes to that would require the developer to come back in and request changes to that so. McGonagill: Okay thank you. Aanenson: This really is just a master planned community is really what it is. McGonagill: Yeah and this, not that it goes without saying, this is all in conformance with your Comprehensive Plan. Aanenson: That’s correct. McGonagill: …what we have at the Metropolitan Commission. We haven’t changed anything. Aanenson: Correct. And so to go back we’re kind of jumping into the next topic but again so this is part of a larger environment assessment document that was done on this entire piece of property because this piece of property lagged at least 5 years behind the requirement from the law is they have to update that so again before they came back in 2017 and got approvals we updated all the environmental documents to make sure looked at all the traffic studies. We looked at all that so if you look at why we came up with those percentages we’re still within that traffic modeling and trip generation and all those thresholds so it’s consistent with that and that’s what we tied it back to. Chanhassen Planning Commission – June 2, 2020 8 Reeder: Mr. Chairman Commissioner Reeder. I’m not sure I understand, it seems like the ordinance is 20 percent and then we’re talking about a PUD that’s 30 percent. How did we get from A to B? Aanenson: Why are we increasing it to 30 percent? Reeder: Right. Aanenson: The PUD right now says you can only have 20 percent and so to move the development forward with a higher number, which they believe to make the project work as I stated earlier the mix what we know now today, that the, having that density population just like we know in the downtown where we have higher density of population that is supporting the commercial and the residential. To get those things to come in you need that density of development so what we know now it’s different than what we thought about in 2008. Reeder: Oh are you suggesting that 30 percent is the correct number now because what I see in the ordinance is that you’re eliminating the percentage requirement is the question… Aanenson: Right. No, it would stay, be capped at 30 percent in the PUD correct. So this PUD applies to the overall regional lifestyle center. That will address the PUD, that’s parochial to the Avienda project on the next item. McGonagill: What Commissioner Reeder’s asking is that we’re adjusting the ordinance to go from 20 to 30. Aanenson: Correct. McGonagill: And really you’re setting up the next agenda item in a sense. Aanenson: That’s correct. McGonagill: Thank you. Reeder: Okay my second question was, I understand that it probably makes more sense to allow the residential development to occur before the commercial so that you have a basis of the need for commercial retail office but my question is, what is the 20 percent or the 30 percent, whatever number you lie on, is that land area or is it value or what is it? Aanenson: So again if you look at what we have in the, with a percentage of floor area ratio that’s in the PUD in the next item. We’re kind of co-mingling two topics here. Reeder: I understand that but I don’t know how to talk about one without the other. Chanhassen Planning Commission – June 2, 2020 9 McGonagill: Well generally in, what you’re saying Kate in the code, regulation you’re proposing or the change to the ordinance you’re going from 20 to 30 percent cap. That 30 percent is 30 percent, that’d be for anybody. It’d be 30 percent of available footprint, floor space, acreage, I think that’s what Commissioner Reeder’s asking. Aanenson: Sure I’ve got it. I’ve got it on the front page of the staff report for Avienda. It says density. It assumes a 70 percent site commercial with a floor area of .3 and 30 percent site residential of the density of 16 units an acre. So that’s what we based it on. Reeder: I’m sorry. Give me an English language translation. Density of what? Aanenson: 16 units an acre. Reeder: So it doesn’t, we’re not talking about the number of acres it might be consumed by residential. If I put a 22 story residential in there is that my 30 percent? Aanenson: All the sites that are identified for residential are identified in the plat and they’re all identified and it doesn’t exceed the 30 percent so if we get to that item we can go through that specifically. They’re all called out on specific lot and blocks and identified, the type and approximate number of units. Reeder: And so what you’re, go ahead. Skistad: As I say Commissioner Reeder this is Commissioner Skistad and if you look at your item 3, and I don’t know if you can flip there to agenda item 3, PUD ordinance and sign details. Go to page 3 that has a map and in Sections 4 and 5 so it just, it’s a little bit easier to see it. It’s kind of a map of the whole site but the 5 specific areas. It gives you a visual. I don’t know if you can get to that. I know we’re on the wrong agenda item but. Reeder: I appreciate that. I’ve seen that drawing. I understand what they’re trying to do. My question is, what is the 30 percent of? I mean is it acres or what? If I come in with what’s on that plat showing the residential as proposed and build all that, how much commercial retail do I have to build? Aanenson: It’s based on acreage. Reeder: Excuse me? Aanenson: It’s based on acreage. And there’s a development table over here and it’s based on acreage so it ties back. Reeder: That was my question. Chanhassen Planning Commission – June 2, 2020 10 McGonagill: So Kate to clarify, and I think I understand what you’re saying. Let me just see if I say this correctly. On this site we’re not talking about item 3 here. We’re just talking about a example site that under the ordinance now 70 percent of the acreage would be commercial and as…came in would have a specific floor area ratio. That’s not set by code. It’d just say 70 percent of the acreage is set for commercial. 30 percent of the acreage is residential with a density that would be set by the PUD. Aanenson: Well we’re getting a little confused here. So the PUD encompasses all 118 acres so we have to go back to the 118 acres. Take that 30 percent of that of residential and then 70 percent would be commercial/office/industrial so. Skistad: And there’s only one PUD for all of Chanhassen so that’s all we’re voting on is Avienda essentially. Aanenson: Correct. This is the only one, the only regional commercial we’ll have in the city. That’s correct. It only applies to this particular project. If for some reason we found another 115 acres to do a regional commercial and then it would fall under the same criteria. Reeder: Commissioner Reeder, so if you amend the PUD in the future and all the residential becomes single family, that still meets the 30 percent criteria the way you’re dividing it correct? Aanenson: This PUD change only applies to the regional commercial zoning district. There’s only one regional commercial zoning district in the city. Reeder: Then my question was if Avienda was changed, somebody came in and requested it all be single family it would require, it would still have 30 percent of the acreage and that would be, meet the criteria according to this ordinance. Aanenson: No because there’s only two underlying zoning districts in this. The zoning, the land use can only be regional lifestyle center or office. That’s the only, so if this project did not get built as shown and they chose to try to come in and subdivide it they’d have to do a land use amendment which is another process to go through the Planning Commission public hearing. Submit it to the Met Council and then to re-guide the land because there’s only two choices on here. Regional commercial or office industrial. Reeder: And to make sure I understand so regional, either one of those designations does not allow some form of residential? Does it specify type of residential? Aanenson: Right now it allows 20 percent residential. It doesn’t specify 16 units an acre. They have gone to the level of specifying what types they’re going to show. Chanhassen Planning Commission – June 2, 2020 11 Reeder: Okay my only point is if I, what I think you’re doing is removing the 20 percent requirement so that when you deal with the PUD that comes in under this property by maybe by some subsequent developer that would be an open door that they could come in and say we would like to have 40 percent residential. Is that not true? Aanenson: I’m confused, sorry. Von Oven: I actually have the same question so maybe I can help restate it. If we forget about agenda item 3 for a moment and this agenda item all by itself, all it does is remove the 20 percent cap, is that correct? Aanenson: It moves it to 30 percent. It doesn’t remove it completely. It only moves it to 30 percent. Von Oven: I think maybe where we’re getting confused is in the agenda in the recommendation it doesn’t say that so I guess. Skistad: I’m sorry, what? Weick: Could you repeat that, I’m sorry Commissioner Von Oven. Can you repeat that? Von Oven: Yeah and I may be just looking at the wrong place. I’m looking at our agenda. Agenda item 2 and the recommendation from staff, staff recommends that the City remove the 20 percent cap for regional commercial centers and allow the residential component to be constructed before the commercial component and then there’s another sentence but there’s no mention of 30 percent. Weick: Okay. Von Oven: And so on it’s own, in it’s own right I feel like we are, we’re on a process here to potentially vote to move this 20 percent to 30 percent but this item on it’s own unless the motion is made differently than the recommendation states here would just remove the cap. Aanenson: I would agree with you so it should say, it should be at the 30 percent cap and that’s what the Comprehensive Plan has so, so we can change that ordinance to state the 30 percent. Von Oven: That’s correct. McGonagill: Commissioner Von Oven that’s the same question I had. I was going where’s the 30 percent? Reeder: I agree that was what was causing me concern. Chanhassen Planning Commission – June 2, 2020 12 Aanenson: Okay. So we can amend the ordinance. I know we have. Weick: Bear with us for a moment. Skistad: There’s a farm isn’t there that’s right next to this area? Weick: Yes. Skistad: So I’m just entertaining so what if they decide to do the same thing. So then they would automatically get a 30 percent. I don’t know that there’s enough land there. Weick: I don’t think there’d be enough land to qualify for the PUD. Skistad: Because that was my other question when I was going through this is if we give up the option we maybe once we get to that point we don’t want 30 percent anymore. We want a different number and now we’ve. Aanenson: Right, so that was the concept. So if you look at the recommendation on page 4 was to strike out number 3 which was the, only 20 percent and we struck that out. So if the concern is you want to keep it at 30 percent because we actually took that out, this PUD that we’re coming in is capped at 30 percent so that’s the lock on this one. You’re approving it that way. Otherwise if you’re not comfortable doing that you can put part of number 3 back in which is struck out and say a residential development in a lifestyle center PUD may only occur in conjunction with commercial and office development but cannot be constructed more than 30 percent. If that’s what you want to do. Or leave it as we had it assuming that this PUD is coming in which you have the discretion to approve or not approve that 30 percent which is what we’re recommending. Reeder: Mr. Chairman I would prefer to change it to some number because as we see in this particular project, we’ve been working on it since 2016 and it may or may not go forward so I think we want to have ourselves in a position to deal with whatever does come forward. Weick: I think that’s fine. Aanenson: That’s fine. Weick: We will amend the. Aanenson: So if I may Chair. So it’d be under your recommended approving ordinance would be at number 3 as I stated. That the residential development and lifestyle center occur in conjunction with the commercial office development and cannot exceed 30 percent so that would be the new number 3 under the ordinance. Chanhassen Planning Commission – June 2, 2020 13 Weick: And I think, I think that would be, I think I probably speak for everybody that that’d probably be the best way to handle it. Moving forward. Commissioner Reeder does that answer your questions? Reeder: Chairman it does. The only other thought I have is, is it possible in the future to amend this PUD to the extent that they sell off part of the remaining 70 percent so that then the 30 percent would become 50 percent? Aanenson: No, the PUD on the next item goes over the entire property so they would have to come back and change, come back before this body and ask for a change because you’re approving a preliminary plat and a PUD ordinance with it. Reeder: Okay. With that Mr. Chair I think we’re on the right road to put a number in there and I’m assuming that the proposed PUD, the next item is going to go through and I’m just wondering what would happen if question but I think we need to. Weick: I appreciate that and thank you for raising your comments. Very helpful. Are there other, you know we spent some time on that topic. I don’t want to short change anybody else. Are there any other questions or comments from commissioners at this time? Reeder: Mr. Chairman not to be cause too much trouble here but I had questions. I read through and I honestly can’t tell you if it’s in this, I don’t think it’s in this agenda. Maybe in the last one. The next agenda item but there’s a comment in there that, about similar architecture style and I’m, you know maybe we need to talk about that at the next item but I don’t understand similar architectural style when we’re talking retail commercial and residential. Weick: I believe that is in the next item. Reeder: I think you’re right. Weick: Yeah I don’t think that’s in this section. Skistad: This is Commissioner Skistad and I’m wondering if it would make more sense to discuss agenda item 3 and table this one? It feels like it’s out of order to me. Aanenson: Yeah except that you could not approve item 3 without approving item 2 but that’s. Skistad: Okay. Aanenson: Well they’d both have to be approved to move forward. Skistad: Together to move forward? Chanhassen Planning Commission – June 2, 2020 14 Aanenson: Yeah. Weick: Yeah. Aanenson: So we can make a couple different motions that’s fine. McGonagill: Well I think Mr. Chairman at the end of the day a lifestyle center like this is something we’re trying to see in our city. Avienda obviously with everything else going on has struggled a little bit to develop it. I think with this agenda item we’re giving them some flexibility to phase their construction given the way the economic picture has changed and with the growth of the residential platform from 20 to 30 percent you give them a little bit more flexibility and revenue potential to make this economic. I think with the change in the ordinance as Commissioner Reeder has proposed it doesn’t leave it open ended to whatever could happen in the future. There are some large tracts of land that possibly could be developed in a PUD and I think this the way it fits in. You know it’s fairly generic, fairly simple and in a way to me it cleans up an open ended issue that Commissioner Reeder talked about so you know I’m okay with it I guess is what I’m saying sir. Weick: Okay thank you. Do we, is this a public hearing? Aanenson: Yes it is. Weick: Okay but there’s no applicant? Aanenson: We’re the applicant. Weick: Yeah, well and we’ve heard from you. Alright before I open the public hearing again I do, I just want to be sure you’ve all been heard with your questions. Are there any other commissioner comments or questions at this time for Kate and staff? Von Oven: I’m just going to clarify this one more time just to be sure. I’m looking at page 4 of the staff report. I see recommendations down there. 1 is going to stay. 2 is going to stay. 3 is going to have all of those lines removed and that number’s going to change from 20 percent to 30 percent, is that correct? Weick: I believe in number 3 we will keep the first sentence only and we will change it from 20 percent to 30 percent. Aanenson: That’s correct. Weick: So the first sentence we’ll keep. We’ll make it 30 percent but then we will strike beginning with the residential component. Chanhassen Planning Commission – June 2, 2020 15 Aanenson: Correct. Weick: Through the end of that paragraph. Von Oven: Got it, thank you. Weick: Cool. With that I will open the public hearing portion of this item. Anyone within the room wishing to come forward or on the telephone, the number has been up for a little while now. Don’t know if we have anyone who’s called in. We have not okay. And seeing nobody come forward in the chambers I will close the public hearing portion and open it back up for commissioner comment or certainly accept a motion. Understanding that the, I don’t think we need to restate it but again, we only need to restate it in the motion but the section 20-502 we’ve added back in the first sentence of number 3. Aanenson: As modified. Weick: Right so it will be as modified in your motion. And added 30 percent instead of 20 percent. So the motion would be to approve the amendment to the city code Chapter 20 as modified. Von Oven: I’d make a motion. Weick: Okay. Von Oven: The Chanhassen Planning Commission recommends that the City Council approve the proposed amendment as modified in the City’s PUD standards. Weick: Thank you Commissioner Von Oven. We have a valid motion. Do we have a second? Reeder: I’ll second that motion. Weick: And thank you Commissioner Reeder. We have a motion and a second. Any comment or clarification before we vote? Von Oven moved, Reeder seconded that the Chanhassen Planning Commission recommends that the City Council remove the 20 percent cap from regional commercial centers and allow the residential component to be constructed before the commercial component. Lifestyle centers would still be subject to the standards and guidelines contained in Section in 20-509. The proposed amendment would read as follows: Section 20-502 – Allowed Uses. Chanhassen Planning Commission – June 2, 2020 16 Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of the proposed PUD is designated for more than one land use in the Comprehensive Plan the City may require that the PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this article and the Comprehensive Plan. (3) Residential development in a regional/lifestyle center commercial PUD may only occur in conjunction with a commercial or office development and may not encompass more than 30 percent of the proposed development. All voted in favor, except for Commissioner Skistad who opposed, and the motion carried with a vote of 6 to 1. Weick: It passes with a 6 to 1 vote of all commissioners present. Thank you to everybody and Kate for a really thorough discussion on that. It is a little confusing and I appreciate everybody’s attention to the detail. Moving to item 3. PUBLIC HEARING: CONSIDER REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD. Weick: And I give it to Kate. Aanenson: Thank you Chairman and commissioners. So again this is an amended preliminary plat and the PUD so the layout of the plat has changed and we’ll go through that and the PUD ordinance itself. So before we get too deep into the history of this I know the developers are on our Zoom and I think they want to give a little update. Included in your packet we have the PUD ordinance. We have the design guidelines. We have our PUD ordinance. The background and the plat which our engineer and staff will go through but I’d like to maybe just let the developers kind of talk about where they were in 2017. Where they are today. Introduce themselves and then we’ll go back and go through the report itself so if you could bring in everybody on this project that’d be great. Mark Nordland: There we go, can you hear us? Weick: Yes we can. Chanhassen Planning Commission – June 2, 2020 17 Mark Nordland: Thank you. These Zoom meetings are fun. Mr. Chair, commissioners, thank you. My name is Mark Nordland representing Level 7 Development. I also have Eric Padget here who will speak in a minute also representing Level 7 as the developer of this project. Just to tee this up and introduce it. We obviously have been before the City of Chanhassen for some time on this project. It was 2016 when I first stood in front of a Planning Commission that looked different than it does today because this project has taken so long that many of you weren’t there. Most of you weren’t but we got the PUD approved in 2017. Since then we’ve been working to get the wetlands permit approved which we were successful in doing and then we had an enormous stormwater permit to get approved which we did and through all this the market has continued to evolve and so we’ve been trying our best to create a super high quality development that will meet the needs of the city of Chanhassen and really be a jewel for the city while at the same time meeting the needs of the marketplace and as all of you have probably watched this project the market has changed a lot. In 2006 somebody was talking about putting a Nordstrom on this site and now obviously the retail landscape and the way that people shop and receive services has changed considerably so we appreciate your patience in hanging in there with us while we’ve been working through it and this last, hopefully last tweak to the PUD really fills in some of the gaps that weren’t fully flushed out in 2017 and also moves and collapses one of the roads within the development that we think really makes it more usable for pedestrians and the way that people will want to shop and do multiple things about the place so with that I’m going to turn it over to Eric Padget and he will walk you through the changes. Eric Padget: Hi, Eric Padget also representing Level 7 Development. We’re standing up at a podium to pretend like we’re actually at city hall so. Mark and I introduced the team. I thought it’d be helpful to show this project, the PUD that was approved back in 2017. As Mark mentioned there has been a lot of things that been resolved since this was approved. We talked about the wetland alteration permit. The wetland bank credits have actually been purchased. We got, we have an agreement now with the City on the conservation easement on the southwest portion of the property so that area will be put in easement for perpetuity which I think is a great win for the project. We’ve also worked through a lot of the technical engineering things that were causing some problems just with not only the cost side but even… As Mark mentioned the market has really changed and even more drastically here in the last couple weeks but as, after this project was approved and we went out to the market on the project we got a lot of feedback on some of the layout, specifically the ring road that’s been, comes on the northeast portion of the property and how that becomes almost like an old regional mall type concept and how that ring road can create barriers for pedestrians and connecting between the two retail areas. So we wanted to work through that and I think the benefit of eliminating that road too for the City is, that’s actually less infrastructure that the City has to maintain. While it also creates a better, in our opinion a pedestrian environment and connectivity. We’ve also reduced the amount of retail on the site by over 100,000 square feet and that’s really been about the change in the bricks and mortar kind of world that we’re living in now. You know tenant interest has been good. We have a really strong interest in the residential components which was the last agenda item and a lot of those folks understand that really the rooftops are going to have to precede some of the Chanhassen Planning Commission – June 2, 2020 18 office and retail developments that happen here while many of the retailers are interested in this site, I think that they’re ready to see some movement on the site before they’re ready to commit. So what we, the major change is really kind of the placement of how we oriented the site. The 2017 district plan on kind of bottom left of your screen is how the district was laid out before so we had office that kind of was on the north perimeter of the site and we had really two different districts that were segregated by Bluff Creek Boulevard and we wanted to connect those better together. Really you’re removing that ring road but you’re also just allowing a lot more cross traffic in that area and it’s not really a major change in our opinion but it’s changing the internal circulation not necessarily the major circulation of the site. So it allows then better for folks that live in the residential area to connect through the site and into the village. The retail area and also up into the retail district up in the northeast corner. We took the office component to the site they were up to the north and moved those down into the mixed use section on the southeast side. It’s our opinion that will allow for you know maybe potentially a corporate user. A larger corporate campus type user or three different buildings or four different buildings etcetera to, that we can develop as the demand comes. The other benefit here is it allows us to use the grade to our advantage. When we had the big box retail on this corner before it required us to build large retaining walls because they need large expanse of just flat sites. By using the grades here we could have underground parking in the office building just using the natural grade and it allows us to remove a lot of the big retaining walls. So that’s kind of the main repositioning of the districts in the site. And the PUD planned amendment which is in your packet, again the big components of it we reduced 100,000 square feet of pure retail uses on the site. We also enhanced in our opinion the mixed use area on the south side. We’ve added some residential components. I think we had a large senior facility here before and that was really challenging as it impacted the conservation area and so we’ve switched that over to a small lot single family type residential unit. But then I think one of the really cool aspects is how we oriented this village retail area and it creates a village green area. Kind of a private and operated by the developer or the owner but a village green area where people can congregate. There can be you know there’s, we’ve seen all kinds of different concepts and I’ll show you a couple as a teaser but you know maybe a bandshell or maybe there’s outdoor uses like a skating rink like they have in Central Park and Maple Grove. Those type of uses but I think this village green area really will be a nice amenity for the project. And then also as Kate mentioned we really spent a lot of time enhancing the design guidelines. I think in 2017 we had more of a word document and we really spent quite a bit of time really setting the table for what our expectations are from end users on what the theme of this site is and how it’s all going to kind of work together. So the design guidelines which are in your packet it really does set the framework. It addresses things like streetscape and signage and architectural guidelines but it also stormwater, street hierarchy, you know all kinds of different kind of public space expectations and again it’s a framework. It’s not the end design but it’s kind of setting the expectations of what we think the site should look like. And we use that design guidelines to drive really what the boulevard landscaping will look like on Bluff Creek Boulevard and Avienda Parkway and even down into the entry monumentation and the project signs throughout the project. This is just an example of the village retail in the packet. You know it really talks about the architectural materials. The difference. How the buildings will orient with each other. How they’re landscaped. The Chanhassen Planning Commission – June 2, 2020 19 enhanced sidewalk areas. Material colors. We really want to have this be a first class lifestyle center and we want to hold the end users accountable for what that design looks like. On signage the map in the center identifies the areas where we expect to have project signage including some tenant signage for the retail areas but really even the project ID signs. We’ve got the project ID signs look very similar to this. We’ve got them located at kind of the main access points and the main hard corners of the project and we really want to make sure that when people enter into Bluff Creek Boulevard from Powers or even Lyman that they get that sense of arrival when they come into the lifestyle center. We also have the tenant signs, retail tenant signs really just at the two main entrance points into the project off of Bluff Creek and Powers and then off of Lyman Boulevard and Sunset Trail on the north. And then we have smaller tenant signs throughout Bluff Creek Boulevard and then even on the north side to allow the retail tenants to get exposure out onto the main roadways into the project. I touched on the village green area. This is just a screen shot of some concepts that we’ve been working through. Again really a public plaza area. A gathering area for the guests and residents of this area. We think it’s, you know you could do things like farmers markets. You could have outdoor yoga classes. You could do a variety of things here and really create that sense of place around some of the hospitality or restaurant type uses that we expect in that area. So I’m sure on top of your mind is what’s the project timing. You know prior to the pandemic and recent events our focus was really to get the site mass graded as soon as possible. We were trying to get that done this year along with what we call our Phase 1 roadway infrastructure so mass grading the entire 80 acres of developable site here and then putting in Bluff Creek Boulevard connecting over to the neighborhood to the west and then Avienda Parkway up to Lyman. That was the plan to be the first phase so all of your trunk utilities, roadways and then really trying to enhance the roads with the boulevard landscaping and really create that again sense of arrival with the entry monumentation here and here. Phase 2 would be our first tenants as discussed in the previous agenda topic. We’ve had strong interest from the residential developers out there specifically on the small lot single family homes and then we have really good interest on the multi family and senior components of the project. We were expecting all of those to come along with us this year or early next year. Everybody’s a little bit on pause right now but I think as things progress and we all find out what is on the other side of the pandemic and the economy here we’ll invigorate those conversations. And then the office and retail components, again we’ve had great interest from a variety of folks and the message has just been you know once we start seeing the roads go in and the dirt moving we’ll engage further. At this point I can answer questions or we can hand it back to Kate and staff to dig into the staff report. Weick: Great and thank you very much. We will turn it back to Kate at this point and let her go through the staff report and then we’ll open it up for questions for everybody. Aanenson: Yeah because there might be some questions regarding the plat too so if they’re available for that, if that’s alright. Eric Padget: I will stop sharing my speech. Chanhassen Planning Commission – June 2, 2020 20 Aanenson: Alright, there you go. So mine will be slightly repetitive but I’ll go through the power point. I just want to remind everybody that’s new to the commission where we’re located. So we’re just at the intersection of Powers and Lyman and access off of 212. So obviously the connection as was pointed out by Mr. Nordland and Mr. Padget, the biggest issue is getting that connection of Bluff Creek Drive and that’s a big issue so here’s the property itself. Again the other issue is that this area, the outlot will be preserved in perpetuity. At the last go around there was a request for a variance on that and that was recommended for denial and this is also an area that’s preserved so when we talked about the density it includes all that area. That’s the unique attribute of a PUD because you’re preserving sensitive areas. That you also take advantage of that and that would be in your hard cover and your overall density application. So I just want to go through the background. As Mr. Nordland and Mr. Padget talked about we’ve been doing a lot of work since it was approved in 2017 trying to work through all the wetland issues. Getting that permitting. Also working through some of the grading and storm water management and now I think taking that plan out to market has actually worked into a better project in the fact that we’ve reduced that large retaining wall on the south side which was pretty substantial so again, so because of that the final plat and grading, the final plat’s only good for so long so it was extended. They are working on the grading permit. Pretty much got that done and then really kind of went back and re-examined some of the kind of the guiding principles on that so the extension then went to the last extension by the City Council on December 9th gave the additional 60 days so it ends at the end of June. This is scheduled for a work session with the City Council. They want to hear what the Planning Commission has to say and then they’ll have a meeting on that after, after they have a work session so that’s kind of the background. So the request tonight is to look at the regional commercial zoning, the PUD and the design standards and I’ll spend some time going through that and then also there’s a plat involved so two things that you’ll be looking at tonight. The wetland alteration permit has been approved as stated and attached in your packet. They’ve done some of the wetland banking but there’s some other things they need to do that were a part of that condition that would be carried forward with the approval when this goes up through City Council and then there was a conditional use for developing in the Bluff Creek Overlay District and that include Bluff Creek Drive. It nicked a little corner of that. As Mr. Padget talked about there was a senior housing project kind of pushed into that bluff that we were uncomfortable with and now I think with those single detached townhomes it’s a good fit in there. So kind of on a bigger scale, this again is the project area. So the acreage are described over here so each lot is defined as, so this is what we call the development plan. So the PUD ordinance also references this as the development plan so this is the preservation area and as, we’ll go through the sub-districts but these are all identified by acreage and the density and the like so that’s already specified for each site. So that also ties back to the plat. So when they would come in. Now what you’re approving tonight, you’re approving the framework. Each project or each development would have to come back through the Planning Commission for site plan approval which means we’d notify people within 500 feet. There’d be a public hearing. You’d make a recommendation to go to City Council so what you’re looking at tonight is the framework for the process that we’ll be able to move through together. So again the PUD design standards which we talked about earlier, so we referenced the PUD itself but there’s more detail in the PUD ordinance. We also use our office industrial Chanhassen Planning Commission – June 2, 2020 21 standards for some of the design materials. We use our parking standards. We also use our multi family development standards as it would apply in our parking ratios. Those would apply but anything beyond that would also be in the PUD ordinance itself and we’ll spend a few minutes going through that. So again as I stated the development plan must follow the preliminary plat, which we’ll go through later. The development plan which I just showed you and then the Avienda design guidelines so the PUD by reference is adopting all 3 of those documents. So they all coexist so we have frame of reference on what we’re approving on each lot. As long as we’re at the PUD, maybe we’ll go through the district master plan. So these are some of the changes and again I think these were good changes because we, the regional plan came in. They had all of the commercial on the south side which on the south side then you have the truck travel. The loading docks and the like and moving that to the north side, letting it kind of into the Lyman Boulevard creates, and these are fantastic views as you look over that wetland to the south. The MnDOT wetland there. Fantastic views and so then the senior housing nestled in there instead of being trying to squish right in through here and they put the single family here and single family detached on the westerly side and then the extension of the public street to connect that neighborhood where there’s a long cul-de-sac. Again multi family up here. I know I was asked by a resident in the area regarding the multi family so they’ve identified those as senior housing. Again our ordinance as we look at in the Comprehensive Plan how we look at senior housing. There’s different types of senior housing. It could be a coop. It could be assisted living. It could be independent living. Condos so each project will come in and meet the market. What that market says it should be at that time. And so we haven’t identified or they haven’t either and I don’t think we’d want to tie them to that. Just like we’re not saying specifically on certain uses. They may have identified a hotel or coffee or something but as far as the housing the market forces will take, will drive that as it would with the larger retail. What those market forces would be. So again the internal village district is kind of the, as they say here is kind of the broadest variety, highest density. Most intensity of development, kind of where most of the activity is going to be. Then you’ve got your lower density on the perimeter. Your two senior housing projects which are number 4. The trip probably more true retail on the north and then the office and then some of the supportive uses there which may include a hotel and some like I said some of the coffee shops and the like in that area. So again supportive of those changes. With that I know Mr. Padget went through the site plan so one of the goals in the PUD that we tried to accomplish too I think when it came through before we had so much detail in there and it was really pretty restrictive and anytime you make any change to that you have to come back through a public hearing so the goal in this go around with the public hearing is to agree on those principle framework issues and leave some room there as we know the market may change so there’s some flexibility so that’s why we’ve adopted all 3 of those. So if you look at the uses, the uses that we permitted are the same uses that we permitted before. Those are all the same. The one thing we did do is change some of the square footages so I think we were like, they could only be bigger than 18,000 square foot I think was our cap for some of those uses. We didn’t want to see a big box user which we agreed before and will continue to agree they could be one big box and that was 98. That could have been a larger grocery store and that was agreed at the previous one so that hasn’t changed. It’s up on that smaller and the junior variety or something like that we agreed to increase that and that doesn’t mean it has to be Chanhassen Planning Commission – June 2, 2020 22 that big but just gives them that flexibility. We wouldn’t have to come back and amend the PUD so we tried to build that PUD, that flexibility in. Again the hotel, the support services, again we tried to leave those more generic terminologies so we weren’t sure what fell in. Tried to use the more again generic universal accepted terms so again we’ve always prohibited and will continue to you know the club warehousing, wholesaling, auto related, gas station, boats, motor sales those sort of things but we also put in there that based on their design guidelines or interpretation and the Community Development Director that there could be interpretation. If there’s not agreement on that then they would always appeal that interpretation to the Planning Commission which is built into the city code. So the height, those are pretty consistent with before. As indicated now with the change in the grading there’ll be more underground parking and the intensity of the center area would be greater with the apartment buildings and some of the entertainment so we left, a lot of stuff is at one story but then the hotel at 3 stories and that’s consistent with what it was before. The hotel in this area. And then the low density housing standard of 35 feet which is what’s standard in that area surrounding it already and so if there’s any questions on that. Again parking follows with our current city ordinances. I did want to make a couple, note a couple changes in the PUD itself. One would be on page 8. So I’ll go through the signs here real quick. So we identified, these signs are consistent with what was there before but we got more specific in the drawings and so it was clear on that. So we have the sign dimensions and the, if you recall we had the, on this big wall over here there was, this sign was also on the wall. Quite a few of them along that whole thing and we thought that was a visual, a little too much so I think what we settled on is a larger sign on here and then elimination of all those other signs. Now we know there will be signs on the buildings themselves but we thought that was good so all these signs that would be this type of sign will all be the same size except for this one so on page 8 we’d want that to see all dimension signs on the project identification be the same except for the sign facing Highway 12 which would be consistent with their design guidelines. So this would be the larger one. The rest of them are all smaller. And I think I’ll show those. So if you look at the entrance here, so these are the smaller signs. If you look on the entrance coming in so you still have these sale signs here which would be to not exceed and that’s another just a clarification on page 10. They cannot exceed the 80 square foot area and they’re showing a 60 foot square area of sign area. The rest of it is more architectural to give a sense of entrance and then the Avienda entrance sign itself where this one would be 8 ½, almost 9 feet tall. So those are just in locations off of Powers. One coming off the roundabout and then Lyman and at the corner of Lyman and Powers. So that’s showing the different locations of those. Again wall signs is pretty consistent with what we have in our city ordinance. This is on the bottom so that we just referenced the city code on that already. Those are pretty consistent. Again we want them to introduce some unique things that are out there and not all be the same so those would be the changes and I did put that in my motion just clarification on that because everybody already had their packet. I didn’t want to make that without putting those as part of the record. So and the plat itself, so this would be the staff report that I’m referencing now. So again we talked about the history of the project. The uses. I simplified. Someone asked me if this was a similar report. No because I took a lot of the stuff that was in, I listed all of the permitted uses in the staff report. I just took all those out and just put them into the PUD is where they belonged just for the redundancy. Again I did do another of the districts. I put that Chanhassen Planning Commission – June 2, 2020 23 back in there but I’d like to spend just a little bit of time on the preliminary plat. So it’s pretty much consistent to what it was before. Mr. Padget went through the big changes. This ring road that doesn’t go through. Again that was one of the things we talked about with traffic calming and so the other one, that’s this connection needed to be made. Mills Drive and that will go through that residential and then that time, this was part of the environmental assessment document that the street needed to go through and then for fire protection we wanted this street to go through and then this is another entrance again through the environmental document to get into the site. So these are all the lots and blocks. There’s 19. I was asked about the number of lots. I think some of these were made smaller in the area. Again they can combine lots if they wanted to if they create another lot they would have to go through revise the preliminary plat so these lots are not all going to be platted at once. Just like with Lennar they’ll come in and do phases and they’ve already indicated too some of the phases they anticipate the housing would come in first and then we’ve always stated and we’ll commit to that being the low density transitioning from the existing neighborhood to the west. I think there’s some engineering stuff here but I just want to make a couple comments on the rest of the staff report before I give it, turn it over to Erik Henricksen and then I’ll take it back. There was on page 15 of the staff report there was a comment regarding the 2000 AUAR. That’s been resolved so we’re going to take that comment out. So if we can state that that’s one of the amendments, I’ll be taking that out before it goes to City Council. There was another question regarding boulevard trees and the planting, planting in the city right-of-way and in that circumstance if you go down Bluff Creek Boulevard there are plantings there. The City maintains those. The City Forester says those are difficult to maintain so our recommendation on that is that they feel strongly about that feature. It is very nice but we’re going to have them enter into a landscaping maintenance agreement on that so that condition would be modified. That’s condition 8, kind of 8 and 9 combined and that’d be modified that boulevard trees can be located in the right-of-way if they’re covered by an encroachment or maintenance agreement. So there was a change from 18 to 19 lots. That’s been pointed out and yes there is one more lot. Same amount of acreage and then there’s dedication of right-of-way for the public streets and then there’s the outlots. I pointed out the outlot up here. Outlot A and then a wetland. So at this time I’ll turn it over to Erik who’s going to Zoom in. Erik Henricksen and I will be the person that advances the slides. Henricksen: Alright thank you Kate. Mr. Chairman and commissioners it’s good to see everybody again albeit Zoom. For the record my name is Erik Henricksen. I am the Project Engineer with the City and I’ll be presenting 4 brief slides highlighting the changes reflected in the updated preliminary plat and plans as they pertain to streets, grading, storm water and public utilities. As you can see from then street layout from 2017 compared to the updated 2020 layout and as Eric previously discussed there are a few changes. First the illumination of the northeast and east portion of what’s proposed as Avienda Parkway or as it’s been nicknamed the ring road. The illumination of this portion of public right-of-way was reviewed by staff to ensure the goal of connectivity to the area. As addressed in the updated AUAR or what’s been commonly referred to as the environmental study, we did a review to ensure that that connectivity and the goal was maintained. Staff found that this layout is acceptable and meets the requirements of connecting the existing corridor of Bluff Creek Boulevard and the northern neighborhoods Chanhassen Planning Commission – June 2, 2020 24 known as Preserve at Bluff Creek via Mills Drive and Avienda Parkway. Other than the illumination of that portion of Avienda Parkway the previously proposed public right-of-ways do remain. Those are Bluff Creek Boulevard, Avienda Parkway, Mills Drive and Sunset Trail. All the conditions previously approved such as the requirement that Bluff Creek Boulevard be designed and designated to the MSA standards of the Minnesota State Aid standards and other requirements of public trails and sidewalks along the right-of-way to be installed do remain and are illustrated in the proposal. Kate we can go up to the next slide. Since the preliminary approval of the site and again as Eric previously discussed there have been multiple proposed layouts to address the needs as it relates to their potential internal users. As these inner changes have occurred since the initial approval in 2017 there have been subsequent changes to the proposed grading plans in which the applicant and their engineers have been in contact with the city staff and other jurisdictional stakeholders. Ultimately mass grading of the site is similar in nature to what was previously approved. However due to subsequent changes of potential users and placement of buildings in different areas coupled with their engineer’s utilizing the existing site grades to now incorporate those structured parking within buildings that Eric previously discussed. The previously proposed retaining walls have been able to be eliminated. The only two potential walls that could remain from the current proposal are on the north end of the site or abutting Lyman Boulevard and those would be evaluated when the site plans are submitted for the individual lots. As with any retaining wall over 4 feet in height engineered plans will be required as a part of that submittal. We can go to the next slide. Aanenson: Before we move it. Henricksen: Yeah. Aanenson: I just have, I know I did receive a request from a neighbor regarding visibility On River Rock what this would see for some of those buildings there. So they have the ability to go 3 stories. We won’t know until they come in. That’s what they can go to so we’ll see what they come in with but again all those will go through site plan review and have the opportunity to comment specifically on the location of those as they advance. Henricksen: Okay thank you. So it’s briefly been discussed but I’m going to give it a little bit of a history regarding the stormwater on the site. The previously provided 2017 plan, that initial plan did not meet all the requirements of the City and Riley-Purgatory-Bluff Creek Watershed District’s regarding surface water and stormwater management. However over the course of 2017 and 2018 the applicant made amendments to the overall management of surface water on the site and worked with the City and the Riley-Purgatory who’s the watershed district for this development, to meet their’s and our requirements. By 2018 the management and preliminary plans conformed with the rules and regs of both organizations, us and Riley and they received an approved permit from Riley-Purgatory and initial approvals from the City. As plans have been amended the applicant has another hearing scheduled before the district, and that’s scheduled for tomorrow actually June 3rd. We did receive Riley-Purgatory’s report which was prepared for the hearing and that report found that, accepted the variance requested for compensatory storage Chanhassen Planning Commission – June 2, 2020 25 which will be addressed separately. The proposed amendments to the plans will conform to the rules triggered by Riley-Purgatory and they were found to be met so they are on track to getting that approved amended permit. Illustrated by the image on the left is the initial stormwater management proposed. It’s related to the initial mass grading and is in accordance with their SWPPP. Temporary basins, are first to be constructed with, which will transition to permanent stormwater basins which is depicted by the image on the right so during the construction of ultimate development buildout. A majority of the permanent basins which are seen in blue on the ultimate storm plan will be underground detention basins. The light purple areas are where open air basins are proposed. Furthermore due to the complexity of the stormwater management on site the applicant is proposing to own and maintain all stormwater management facilities which will include facilities that capture stormwater from the public right-of-way as well. Let’s move to the last slide. So last thing I’ve seen from the 2017 and 2020 public utility plans, the red lines represent public sanitary sewer mains and the blue lines represent public water mains. The 2017 preliminary plans were designed to incorporate one larger sewer shed and one smaller sewer shed. This resulted in the size of pipe to be about 12 inches. Proposed to be 12 inches for the larger area in order to adequately handle the flows generated from the development. However the updated 2020 plans more evenly divide the sewer shed to allow for a smaller 8 inch main. Public water mains, public main sizes remain the same between the two submittals. However the 2020 utility plan would utilize internal and potential private water mains to complete the internal looping of the system. Although the internal development’s water main will help bridge the loop of the public system the developer will be required to complete a subsequent loop along Lyman Boulevard. And with that I’ll give it back to you Kate. Aanenson: Thank you. So with that there was one other thing on the staff report that I wanted to comment on and that was on page 21. The east and west bound driving lanes of Bluff Creek was a concern of the fire department. Making sure that they were increased from 16 to 20 feet so for fire department and that one’s been resolved too so we would take that condition out so as we say amended that would be it. Park and trail comments are in here too. I know I’ve been asked on that Outlot A. It’s the intent to keep that natural. At one time we looked at the street connecting it. By the time we put the retaining wall and built that street we pretty much lost a big swap of trees through there so ultimately that might be something that might be a wood chip trail or something like that. More of a natural kind of for allowing those neighbors from the south to get to the north in that but park and trails the fees would be required with the plat and then when they go through site plan with each phase. So with that again with this you’re, we’re recommending that you approve the rezoning from Agricultural Estates to the PUD and that would be based on the PUD ordinance which includes the design standards and the layout and then with that you’re also, we’re recommending that you approve the preliminary plat creating the 19 lots and 3 outlots and dedication of public right-of-way as shown in the plans dated May 1st and that the staff report as amended. The comments that we made including the PUD standards and that we, that you the Planning Commission also adopt the attached Findings of Fact and I’d be happy to answer any questions you have. Chanhassen Planning Commission – June 2, 2020 26 Weick: Great. And for this it’s a big presentation and we had presentations from both the people representing the Avienda development as well as staff so on this item I think it would be best if we go through kind of in a roll call style instead of just having it to be open. As I talk here I’ll give Commissioner McGonagill a head’s up that I’ll probably call on him first but we’ll go through. It doesn’t mean that if we passed you by we’ll certainly give you an opportunity to circle back around and ask more questions but I think at least initially it will help us if we go through one at a time and ask questions. Again either of the gentlemen representing the Avienda development or staff. Erik or Kate in this case. So Commissioner McGonagill hopefully I’ve talked for enough to give you a chance to collect your thoughts and I’m going to put you on the spot and see if you’d like to make comment. McGonagill: I have some questions, thank you Mr. Chairman. I have some questions and it’s mostly about, some of these are about process because Avienda was approved for someone who wasn’t there so Kate the first series, most of these will be coming to you. I’m on page 6 of the staff report and I just wanted, this is a process question or if we were in Canada process question. When I look at the fact of the sub-districts what you’re saying is each of those 5 sub-districts will basically be improved separately when we come back through. For example a plan would come in for District 3 and is that the way that works? Aanenson: No I think they just identified them by kind of unique attributes like one would be you know kind of low key residential. Some of it’s going to be housing, senior housing. One’s going to be the more active area. So could the apartments in number 2 come right after the low density housing or the senior housing at the same time? Yes. So I think it’s just whatever the market bears Mr. McGonagill so. McGonagill: Okay so my question though you’ve said, and this is okay thank you. That we would see separate applications. Would it be like you know that we’d look at height and all this with the building or by, how does that occur? Aanenson: That’s a great question. It’s by each project on each subdivision. So for example if, I’m just going to zip back to the other slides here. For example if this project came in there was one master developer that came in and wanted to build all these homes that would be one project. Just like you’d look at a subdivision for all these lots. McGonagill: Okay. Aanenson: This project came in you would look at that just like any other application so. McGonagill: For instance for example in Sub-District which has the 3 offices at the bottom right hand corner you could have someone come in for one of those. That could be one project and somebody else could come in for another, is that, could that be split that way? Aanenson: That’s correct or they could all 3 come in at once correct. Chanhassen Planning Commission – June 2, 2020 27 McGonagill: So you, it just depends on how they want to do it and how they develop that. So you could see this fractured a little bit I guess is my question. Aanenson: Correct and I think you know once they’ve got the infrastructure with Bluff Creek Boulevard that’s kind of the thread that’s going to hold it all together so whatever the market bears and wants to move. You know there’s someone that’s got interest in doing a hotel that could go. So a lot of it has to do with how the infrastructure timing goes too besides the road. Sewer, water, stormwater and the like but each project would require a public hearing before the Planning Commission. Notification to the residents and then City Council approval. McGonagill: So a developer would come in and decide working with your staff of what is going to be a discreet project to go forward with, whether it’s a whole district or half of a district or building within the district that would be the project onto itself that we would see coming forward is that kind of the way the process would work? Aanenson: Yes. McGonagill: Okay. So let’s walk then through if you could for me the districts. I’m back again on page 6. The Sub-District 1 is retail. These are larger buildings and so this kind of a core retail approach. Do these have limits on height? Aanenson: Yes. That would be in the PUD ordinance. So each. McGonagill: And so what would those be? Aanenson: So for the retail one story. McGonagill: One story so that’s Sub-District would be one story and I’m going to through all the districts so much as just as a head’s up. So that’s retail only. One story. Larger scale. Sub- District 2, the village. These have both commercial and residential is that correct? Aanenson: Correct. McGonagill: And so the residential piece is off on the left side and that is some sort of storied building of limited in height? Aanenson: Yeah it’s 5 stories excluding the underground parking correct. McGonagill: So it’s kind of like the View we have downtown? Aanenson: The Venue, not quite as tall but it could be I guess depending on the underground parking, you have 6 stories. Chanhassen Planning Commission – June 2, 2020 28 McGonagill: Right so it’s like that kind of concept. Aanenson: Yes. McGonagill: You could have commercial around it. You could have a grocery store underneath it. It’s that kind of approach. Aanenson: Right that’s the intent of this district correct. McGonagill: Okay. Then if I go to the right of that, of the 5 story building yes the green area. Are those one stories or two stories to the right? Aanenson: Here? McGonagill: No down. To the east of your 5 story. Aanenson: This? McGonagill: Yes. Aanenson: That’s entertainment so you know depending what that could be. It could be, so if you look at the building code for story it’s really parochial to the use. Like they had talked about it could be some, it could a tournament place for indoor sports. So it could be a taller bubble kind of thing. So depending on what that would be but that could be you know when we say one story it still could be maybe 24-30 feet depending on the use because it’s labeled entertainment. McGonagill: And again that would be a project onto itself if they come in for example. Aanenson: Absolutely yep. McGonagill: If they come in with a hockey rink or something. Aanenson: That’s correct, yep you’d see that. McGonagill: So and then it just goes onto lower buildings out to the east. Sub-district is mixed use. This is like you said hotel, offices limited to 3 stories or a project if they wanted to get a unique height is that correct? Aanenson: That’s correct. McGonagill: In Sub-District 4 is multi-use. This is higher than city and this again could be storied, 3-5 story in Sub-District 4? Chanhassen Planning Commission – June 2, 2020 29 Aanenson: Correct. McGonagill: So what’s the limit? 5 or 3? In 4. Aanenson: 4 is the senior housing, yep. So the residential on that. The senior housing. We have 3 stories, 40 feet excluding underground parking. McGonagill: Okay very good. And then 5 is your lower density. Aanenson: Yep 35 feet correct. McGonagill: 35 foot. Aanenson: Yep. McGonagill: Okay thank you because that helps me get a picture in my mind what it could look like and also the process they could go through. It would appear to me by doing this, by having the sub-districts the way you have them now and by having a unique projects you’re trying to give the developer the maximum amount of flexibility under the master plan to develop this is kind of what your logic has been, is that right? Aanenson: Yes I mean they had this district before. I think based on the grading it’s allowing the underground parking based on how they’ve changed some of that. So I think that, that much hasn’t changed. I think just the fact that this, the internal apartment maybe but the hotel was always proposed at 3 stories. I think the office being on this side which I thought that was going to be a little bit taller than maybe a grocery store or something like that but again looking at you know the it’s kind of probably more quiet at nights and on the weekends as opposed to maybe the grocery story 7 days a week kind of thing. McGonagill: One of the questions that I had Kate when you were going through the signage, particularly the large boulevard signs for Avienda and I was trying to go through it in my mind quickly but I couldn’t do it quick enough. Where I’m going with this is on light pollution. We have a particular development you know on the corner of Highway 5 and Galpin and it’s very large lit letters. You know that, I’m not going to go back in history of that but you know it’s just very, very large and there’s a high, some people would say a high level of light pollution from those letters. What is this going to be like from a lighting standpoint and particularly at night? Aanenson: Yep. McGonagill: And I go back and think about this is, I know this is not what you’re doing but I think about the problem they had over on Vikings Drive over in the other side of town when they built the Vikings Center on you know they put those big lights up. It was just. Chanhassen Planning Commission – June 2, 2020 30 Aanenson: No, that’s a great question, yep. So what we had on this is that for typically we don’t allow signage facing residential so on this we talked about where you could put it on two sides internally but we know like on the hotel there isn’t any residential right there. They may get 3 sides. One would be on Powers. One might be to the south on the internal so we’d look at that. Going back to that sign the developer requested a larger sign than, and was granted a variance. Also we’ve regulated the NITS. The illumination levels so we wouldn’t be getting that again and we would make sure that any signage that would go up that those would all be checked because that is bright, I would agree with you. I don’t think it’s their desire to do that just to be tasteful but I can let them comment on that. McGonagill: Okay. On all these signage too Kate, these are all what I would call a staple sign. We’re not talking about an LED moving type sign that has a lot of action within it because the reason I say is, this is right next to a major highway and I do kind of sometimes don’t know if that’s the safe as people would say it is if somebody’s driving and watching the sign at the same time you know what I’m saying? Aanenson: Yeah and I think that’s where we did spend a lot of time in the last go around on this and I think we really worked hard to try to clean it up and simplify it. Like I said there was a lot of those what I would call the flags that were on this side besides the large sign. While those were not illuminated so we felt the signs that give you a sense of arrival that highly articulated architectural signs are better and then just the individual, the tasteful signs they give you the name recognition would be on the buildings themselves. Otherwise just the way finding sign. The consistent theme with the monument and those are lower profile and so we think that the sign package again represents what they’re trying to convey in their architectural standards. McGonagill: Yeah I noticed like you’ve had it now too and you still is that your residential abuts residential so you don’t have an issue of lighting pollution at night, etcetera coming out of… Aanenson: Yeah, yep. And like I stated there is some concern from the people to the south and we’ll address that when those projects come in. I didn’t talk a lot about the street furniture but if you look in their design guidelines that was one of the things we spent some time on at the last iteration is, so they really introduced a lot of those features and so instead of again for not, or to avoid redundancy so it’s right after the sign thing in their design guidelines. Some of those nice street furniture things that we’ll look at through the site plans when they come in and that’s some of the trellises. The landscaping. The benches. Those sort of things that make it a nice place that you want to experience which is what they want too so. So that wasn’t in the PUD but it’s adopted via their design guidelines. McGonagill: And I realize you’re going back through stuff that was there before. Aanenson: No that’s fine but that’s other new so. Chanhassen Planning Commission – June 2, 2020 31 McGonagill: …it went through it so Mr. Chairman I think that’s my basic questions. Thank you. Weick: That’s great. Thank you for those clarifications. I will move to Commissioner Reeder. If you have questions or comments right now. Reeder: Chairman I do. First of all I think this is a wonderful project for this city, for any city so if this happens in any part of what’s shown I think it will be a wonderful addition to Chanhassen. One of the questions I asked earlier, just curious there was a comment in there somewhere about similar architectural style and I assume that will all be controlled as each project comes in but what caught my attention was is it possible to have similar architectural style between residential single family homes and retail and whatever or is that not the intent? Aanenson: Well I’ll let the developer speak to that but I think there’ll be some common themes but I don’t think we want it to all be matched too overly matched. Depending on who the developer is for the low density single family I’m pretty confident that they’re going to do an excellent job but maybe Eric if you want to, Padget wants to comment on that. Eric Padget: Yeah sure. You know there’s certainly we want to have timeless architecture throughout the entire project. I think in the design guidelines we’ve really tried to lay out a look and theme throughout the entire project. Of course you’re never going to have a detached townhome look the same as a 5 story apartment but if you use similar materials and color themes throughout the project it gives it that consistent theme and that’s why we established the design guidelines as different projects come in this is kind of what we want the folks to do from an architecture standpoint so in the back of that design guidelines we laid out kind of some different pictures of what we think would be a good fit for the project for each different district so those start on page 37. Well actually before that but you know so we are just trying to make sure that they’re all high quality materials and they all tie together. Reeder: Okay likewise when you’re dealing with office buildings, will they be able to design the building the way they want to or is that, it’s controlled by you I assume and then it would go to the city for PUD approval is that correct? Eric Padget: Yeah that’s exactly right. This is, we set up a design guidelines to kind of be a template to show people what we want but it still goes through an architectural approval for the, I’ll call it homeowners association or property owners association and then it will come through Planning Commission and City Council the typical process. Reeder: Right so I wouldn’t be able to paint my house purple if I wanted to. Eric Padget: Without approval. Chanhassen Planning Commission – June 2, 2020 32 Mark Nordland: It’s more natural materials and earth tones. Not everybody has the same beige but then we just want them to not be… Reeder: Okay another question that on the building height I think I understand what you’re saying. The building height is going to be controlled by our ordinances in the various areas and there again that would come in as a project and it will go through staff approval and Planning Commission approval. Aanenson: That’s correct. Again so these are setting expectations so as the developers have stated that they’ve got their standards that they would, you know when they’re talking to people and then they would submit a site plan and then it would come before and so they know what the height, the capacity can be before they come forward. Reeder: Okay. I’ve got to say I really like the amount of underground stormwater retainage as opposed to having ponds over. I think that’s a, I know that costs some money but it certainly is a big asset to this project and I commend you for that. A question on the road construction. Will they be required to build the whole ring road before anything else is built or how does that work? Aanenson: Erik Henricksen, do you want to comment on that one? It’s my understanding that the only thing that needs to be built right away would be Bluff Creek Boulevard and I think they, and maybe Eric Padget you were talking about maybe doing this at the same time but Bluff Creek Boulevard needs to be built first. Either Eric. Henricksen: Yeah no that’s correct. That’s I think the original intent. As far as looping it all together I think Phase 1 as it’s being proposed would also include Avienda that ties us up to the north to Sunset Boulevard, or Sunset Trail which connects us to Lyman. The idea being once you’re starting to dig in your utilities so we have deep sewer in the area you’re going to want to have this installed as well so as I’ve seen it through first phase the Bluff Creek, Avienda and Sunset Trail would be proposed. Eric Padget: That’s correct. Reeder: Okay thank you. My last question is on parking. There again I apologize for coming in 4 years after you started on this project but as I look at this, it appears to me that like 30-40 percent of the entire project other than the residential area is on surface parking. It would be great if a lot of that was in some kind of a parking ramp or something. Aanenson: Yeah and so I think that was one of the changes that was made from last time so the multi-family housing, the main apartment building and as indicated the office also now will have underground parking so that’s going to help reduce the amount of surface parking. And just like Villages on the Pond we have opportunities where we look at some of the peak times that they can share some of that parking. That may be the office has extra capacity in the evenings and that’s when we’ll bring all those projects forward and evaluate that as we go. Chanhassen Planning Commission – June 2, 2020 33 Reeder: Oh I think the underground parking is great. I think that’s a big help but my thought was as we build the commercial areas, if we could put a parking ramp in we could then have room for more or actual retail space should it ever be, the market whatever drive that and I don’t know if that’s ever been a discussion with staff or not. Aanenson: I think the developer would be thrilled if they had so much retail they had to do that but I’m not sure we’re at that point yet but that could be an amendment. Reeder: But the City would not require them to limit the amount of surface parking so that we don’t have wall to wall asphalt. Aanenson: I’m not sure what that would do to the overall project. I can let Mr. Padget. Eric Padget: Yeah I mean I think the project as designed today is meeting what we believe the market demand could be. I don’t think at this point surface parking from just a cost perspective would make a ton of sense and the density probably not there for the, I’ll call it the short term that would drive a requirement to add parking structure. Mark Nordland: Initially it’s tricky getting certain markets, the consumer will adopt that it works. Obviously the large advantage to office and multi-family but if they’re going to go to a grocery store in Chanhassen and somebody’s going to make you park in a structure that’s going to be prohibitive. They’re going to go to another grocery store because of the suburban type environment like this is readily available. Obviously people do it in more urban and even you know really close in suburban type markets but it just, I don’t think Chanhassen consumers are ready to do that and therefore the retailers aren’t ready to sign up for that…environment. Reeder: No I get that. I guess I was thinking more of the office use. Are you talking underground parking for the office and how much of the required need would be underground parking? Mark Nordland: It really depends on the tenant that’s coming in and what they desire and demand and need. It obviously costs more to do that so need to be able to pay more rent but then we could expand those structures to be a little bit taller or a little bit deeper into the hill to do you know more than one level below grade parking there. You could do two potentially but I believe that they’re currently at least schematically designed with one level of underground parking. Reeder: And Mr. Chairman I think that’s all the thoughts I have right now. Weick: Thank you Commissioner Reeder. Commissioner Randall. Randall: Can you hear me now? I have no comments. Chanhassen Planning Commission – June 2, 2020 34 Weick: Okay and yes we can. Thank you. I will move to Commissioner Von Oven. Von Oven: Yes thank you. So I think my first question is for the City Engineer. Is that Erik? Can you, can you please just give me the 60 second primer on what is the change that causes this to move from 5 retaining walls to 2? Henricksen: This is Erik, the Project Engineer. City Engineer will be Charles Howley. Von Oven: Oh sorry. Henricksen: Oh no you’re fine just that point of clarification. It really has to do with the moving of the building pads and where their users and where their buildings are located so it comes down to flat building pads compared to as Eric Padget was describing being able to kind of dig into the hillside to create underground parking…floor elevations. We didn’t get necessarily on each preliminary plan a kind of cut fill or you know real in-depth grading plan. We’re kind of looking more just at existing topo and that’s more or less up to their design engineers to manage the earth work there but in short that’s kind of where you see those eliminations. The two that remain to the north are still potential. The grades from Lyman to the proposed buildings now are showing that they can meet the maximum 3 to 1 slopes. I believe it’s 3 to 1 without the installation of retaining walls. They left them in the preliminary plans in the event as when those site plans come in or those individual reviews come in, depending on the actual building layout, there’s still a possibility of having retaining walls there so we did keep that in with the presentations and some of the conditions as far as it goes with retaining walls. Von Oven: Got it. Thank you. The second question I think is for Kate. You know as I was running through all the documents I noticed that there’s, and I’m trying to find it now but I can’t find it. There’s very specific information about the number of drive thru’s. I think it allocates like one to the potential grocery story and one to a mixed use and 3 for something else. My question is, was there any discussion or is there something in here that I’ve missed that either guides or instructs the creation, use, allocation of drive up given that the whole environment has changed and we’re seeing so much retail now working off of this drive up mentality. Is that part of the conversation yet? Aanenson: We already accommodate drive up already in our current, at restaurants so we can accommodate that. People drive up and it used to be at Applebee’s when they were there you could drive up. They provide spots for that. So we would accommodate that when they would come for, come through site plan review. I think the difference with that is the drive thru’s and the stacking and some internal circulation, what that does so that’s why it was limited. Again we’re trying to make this more experiential. We know there’s some neighborhood but this is going to serve the neighborhood in that area. That people are going to know want to drive through to get coffee on the way to work. On the way home. Pick up some things so we try to accommodate that so but yes, when a site plan came through we could certainly accommodate the pick up as a part of that too. Chanhassen Planning Commission – June 2, 2020 35 Von Oven: Got it. And so then I think that it’s probably the same response, and I’m still learning the process here but on a subject of like parking that would be part of the individual site plans? Like okay here comes subdivision 2, and so that would be part of those. That’s not to be included in this right now or is that? Aanenson: That’s a great question and I like your idea. So definitely that’s part of the street furniture that we want to incorporate in here. That there’s an opportunity because we would hope people in this neighborhood would bike and maybe there’s an ice cream store or there’s movies as part of entertainment and that’s an opportunity to ride your bike and we try to get those all on the developments that come in so thank you for that comment. Yes we’ll make sure that’s part of the street furniture. Von Oven: Thank you. This is all the questions I have at this time. Aanenson: You had some help. Weick: I love it. Those are good ideas and maybe in addition to street furniture we can include bike parking in some of those underground areas as well and protected. Okay thank you Commissioner Von Oven. How about Commissioner Noyes? Noyes: My question really ties into what was discussed kind of at the beginning about how much has changed since this project was approved in 2017. I don’t think many of us thing change is going to stop or probably slow down given on what’s going on in the world. At what point in this overall project can the wholesale project design not be significantly altered or significant changes can no longer be made. I want to make sure that we’re not being too restrictive but I also don’t think it’s in everybody’s best interest. Aanenson: That’s a great question. I will say this and I’ll let Mr. Padget talk about it too but we’ve really spent the last two years trying to work through, I mean they’ve taken this out. The great thing about their being the developers is they’ve got an opportunity to vet it to some pretty influential and smart people and to see what they think they need to do to make this come to the marketplace I think so we spent a lot of time saying what are the things, again building flexibility is what we were trying to do. So the heights and some of those things really haven’t changed. We tried to maybe clarify some of the uses to build in so it’s not nuance. You can only have a thread shop but not a yarn shop. We try to kind of make those more generic terms so I think we worked really hard on those sort of issues but in the wholesale, the road alignment except for the loop on the one side and the uses they shift sides but for the most part adding the residential was really the biggest change but I’ll let Mr. Padget comment on that. Eric Padget: Yeah I know, let me make sure I’m on. No I think that’s exactly right Kate. I mean there is timelines associates with approvals so you know right now we’re asking for amendments to our current approvals which could expire this year. We’ve been working very Chanhassen Planning Commission – June 2, 2020 36 diligently I think with staff to get some of these updates and give us a little more time to get the market forces where we want them to. You know quite frankly we were ready to go earlier this year. We had financing pretty close to being finalized and a couple tenants ready to go and the world changed a little bit on all of us but the key thing is that we’re still talking. We’re still trying to make enhancements to the project and I think we’re getting closer to where you know some of retailers or tenant interest will be. I will tell you right now from a retail perspective they’re all looking at the site but it has to be perfected. Right? They have to know that their customers can get easy in and out. They also expect some level of design quality but right now there’s not a lot of retailers that are building a lot of bricks and mortar but if you can create the situation where it’s the right push for them then they’ll be ready to go so that’s what we’re really trying to do is to set the table for them to be able to execute. Noyes: Thank you. That’s helpful. Weick: Other questions Commissioner Noyes? Noyes: I do not have any other ones thank you. Weick: Okay. And Commissioner Skistad. I don’t know if you’re on mute. There you are. Skistad: Alright can you hear me? Weick: We sure can. Go ahead. Skistad: Okay. Weick: Thanks. Skistad: The only question I had was the second, the number 2. Literally section 2 and if I count the buildings and I know it’s not the design now so we could potentially have like 8 different buildings in there that are 5 story high and have the, on the bottom floor retail and the rest are high density apartments of some kind. Is that correct? Aanenson: No. There’s only the apartment building is right here. That could be 5 stories. This is entertainment. Like I said that would be one story but it, depending what type of entertainment would direct it. These are all retail. These are all one story. All these retail are one story. Skistad: Okay. Aanenson: So the only one that’s tall is this one. Chanhassen Planning Commission – June 2, 2020 37 Skistad: Okay so there’s one apartment building in there. That was just my point of clarification so. Aanenson: Yep. Skistad: Otherwise I mean all of my other questions were answered and now that I’ve seen both plans I am, I think it’s really, it has been greatly improved and I’m more excited about it. Weick: Thank you. That is good to hear Commissioner Skistad. I know we’ve kind of gone round robin here and I just want to open it back up in case somebody has thought of something else or had another question pop into their mind so please just chime in now if you thought of something while we were going through that process. McGonagill: I’d cut in Mr. Chairman. Weick: Great. McGonagill: I’m Commissioner McGonagill. Kate on the, with residential development we do have an intent in our Comprehensive Plan to have proximity for the residents. This is a residential question. We have the intent to have proximity to parks and playgrounds within certain, within our subdivisions. The, you talked about the street furniture but I don’t think that’s what we’re talking about here so do we meet our Comprehensive Plan guideline for parks and playgrounds to the residents that would be in Avienda? Aanenson: So there is a park in Pioneer Pass which is to the west. In addition like I said we’ll put the, we’re looking at potentially a wood chip trail through here or the like. There’s also the wooded trail on this side over here. They had proposed an amenity with that apartment building. They talked about putting a swimming pool or something in there and this entertainment could also be some sort of recreation also. McGonagill: Okay I just know that’s a standard we try to adhere to. I didn’t think about that when we were asking it. I think this next one’s for Erik. Erik the way I looked at this, putting on my pipeline hat, one good thing about eliminating the part of the ring to the east it eliminates all the dead heads in the infrastructure on water lines and sewer lines. Henricksen: Correct. McGonagill: So that’s good because you get rid of the, you know just the maintenance issues of dead heads or dead spots with that kind of stuff and that’s never a really good thing. And I guess finally the approach as I’m reading through this is, in a way you’ve downsized this. This is to the developer. You’ve downsized this enough to make small enough bites in today’s market that you think people would come in on. That’s what you’ve had to do. Chanhassen Planning Commission – June 2, 2020 38 Eric Padget: That’s correct. McGonagill: I mean yeah you were talking big developers and big hotels and all this before but it moved on you and you just said okay I’ll downsize this and therefore the residential piece comes up some. That’s small enough bites. You have this over here so that’s what you’re trying to still keep the concept but make it now a little bit more manageable. Eric Padget: Yeah and I think that’s the concept of a lifestyle center right? You have a variety of different uses and we’re re-positioning some of the uses based on what we foresee as the market demand over the next couple years. Weick: Great thank you. Anything else Commissioner McGonagill? McGonagill: Oh I think I’ve had plenty of air time. I’m good. Weick: And any other commissioner comment at this time? Kate I’ll ask a question. As it’s mapped out now the master plan does that meet, what does that come in that 30 percent residential? Aanenson: Pretty close. Weick: Pretty close okay so we’re kind of right. Aanenson: Yeah we’ll see when they bring them in how that all works out. I think they’ve maximized that. We’ll see if they can meet all the parking standards and everything else when they come in. Weick: Okay. I just didn’t know if what we were seeing sort of gets to the top end of that or if there still was room to. Aanenson: No they’re at the top end. Weick: Okay perfect. Thank you. So with that I will open the public hearing portion of this item. The phone number has been up on the screen for a little while and I would invite anyone within chambers who would like to come forward and speak, comment on this item. Seeing no one come forward in the chambers, do we have anyone on the phone? No, as of now we do not have anyone on the phone. I will close the public hearing portion of this item and open back up for commissioner comment, discussion and motion. I guess I’ll open by saying I appreciate my fellow commissioners really obviously doing some homework on this one. There was a lot of paperwork and clearly I think we’re all really engaged in this and really wanting this to be a success and I think that underlies every question and every concern that we might bring up is that you know I think very much want this to be successful for the city of Chanhassen and so if we Chanhassen Planning Commission – June 2, 2020 39 can help play a part in that I think that’s special for our group. With that I will turn it over to my fellow commissioners again for comment and/or a motion. Reeder: Mr. Chairman I would make a motion if you’d put it up on the screen so I could read it. Weick: I wish I could. There we go. Reeder: Mr. Chairman I move that the Planning Commission recommends that the City Council approve the rezoning of 118 plus or minus acres from Agricultural Estate District (A2) to PUD Regional Commercial including Exhibit A, Avienda Design Standards. Are these separate motions then? I assume they are. Aanenson: You can take it all in one. Weick: You can do them all together yes. Reeder: I would move that the Chanhassen Planning Commission recommends that the City Council approve the Subdivision Preliminary Plat creating 19 lots, 3 outlots and dedication of public right-of-way as shown in plans prepared by Landform dated May 1, 2020 subject to conditions in the staff report as amended. Planning Commissioner also adopts the attached Findings of Fact and Recommendations. Weick: Thank you Commissioner Reeder. We have a valid motion. Do we have a second? Noyes: Commissioner Noyes, I’ll second. Weick: We have a second. Thank you Commissioner Noyes. Before we vote any last comments from our commissioners? Again I appreciate everybody’s hard work on this one including staff and the representatives from Avienda. This is a special project. We will roll call vote. Reeder moved, Noyes seconded that the Planning Commission recommends approval of Planning Case 2017-19 to rezone 118+/- acres of property zoned A-2, Agricultural Estate District to Regional Commercial-PUD Subdivision contingent upon final plat approval, as shown in plans from Landform dated April 14, 2017 and June 12, 2017 and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUD Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends that the City Council approve the Rezoning of 118 +/- acres from Agricultural Estate Chanhassen Planning Commission – June 2, 2020 40 District, A-2 to PUD Regional Commercial including “Exhibit A Avienda Design Standards”. All voted in favor and the motion carried unanimously with a vote of 7 to 0. SUBIDIVISION Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends that the City Council approve the Subdivision Preliminary Plat creating 19 lots, 3 outlots, and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to the following conditions: Engineering 1. If subsequent phases require retaining walls they shall be privately owned and maintained. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 3. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The city requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted prior to final plat and/or permitting. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. 11. Private sanitary and water mains shall inspected and constructed to meet the city’s requirements for public utilities. 12. The developer will be required to complete the water main loop along Lyman Boulevard. 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. Chanhassen Planning Commission – June 2, 2020 41 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. 16. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. 17. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers Boulevard and Audubon Road. The escrow amount shall be based on the Carver County’s cost participation policy as published on their website. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDot, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 19. A drainage and utility easement shall be placed over any outlots. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporate into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. 7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. 8. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement. Park and Trail Chanhassen Planning Commission – June 2, 2020 42 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over 4 feet high require a building permit and must be designed by a professional engineer. 4. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. Building plans (when submitted) must include a code analysis that contains the following information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls, Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required (Common Path, Travel distance), Minimum Plumbing Fixture Count. 6. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 7. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed building, including but not limited to allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 8. Every building, containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer. (MSPC 713.0) Chanhassen Planning Commission – June 2, 2020 43 9. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Fire Department Comments At the time of site plan, review the design for the private street, adjacent to the preservation area that accesses the Senior Housing and Townhouses needs to accommodate for emergency apparatus. Conditional Use Permit The Conditional Use Permit was already approved and will be reaffirmed with the revised preliminary plat with City Council approvals. “The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff Creek Boulevard subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. 2. The developer shall provide the city with a management plan for the area and submit to the city for review. 3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or create a 20 foot buffer from the Primary Zone. 6. The buffer will be required to have a vegetation management plan and soil amendments. Wetland Alteration Permit The Wetland Alteration Permit was already approved will be reaffirmed with the revised preliminary plat with City Council approvals. The Chanhassen Planning Commission recommends that City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: 1. The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. Chanhassen Planning Commission – June 2, 2020 44 2. A Technical Evaluation Panel (TEP) meeting is needed to review the application. 3. If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. 4. City staff has reviewed mitigation options. City staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance with WCA requirements. This condition has been met - see attachment. 5. The applicant shall contribute $300,000 to the city for water quality improvement projects within the watershed. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Weick: I also vote in favor giving us a unanimous 7 to 0 vote on this item. Thank you again. I can’t say it enough. Thank you to everybody involved. This is a big project and an important project. With that I will pull up my agenda. PUBLIC HEARING: CHAPTERS 1, 18, 19, AND 20 STORMWATER AND WETLAND ORDINANCE AMENDMENTS AND LOCAL SURFACE WATER MANAGEMENT PLAN UPDATES. Weick: We look at some amendments and corrections, right? Aanenson: Modifications. Weick: Modifications to Chapters 1, 18, 19 and 20 in the Stormwater and wetland ordinance amendments. Aanenson: I’m just going to take the microphone here and let Matt sit here. This is our Water Resources Coordinator, Matt Unmacht so I’d you to welcome him and this is his first meeting so maybe he can just take a minute and introduce himself to the Planning Commission. Weick: Perfect, Thank you and welcome Matt. It is great to have you. And I promise we’re a gentle group. I promise. We’re just getting settled here in the chambers. We’re just switching around. And the floor is your’s Matt. Unmacht: Thank you. Thank you commissioners. Good evening. As Kate said my name is Matt Unmacht. I am the Water Resources Coordinator here at the City. I’ve been at the City since February of 2020. I’m here before you today to present some proposed city code ordinance amendments along with amendments to the City’s local surface water management plan. Also attending via Zoom is Erik Henricksen, our Project Engineer. You guys met him in the Avienda meeting and Charlie Howley, the City Engineer and Public Works Director is also on the call. Together us 3 developed these proposed ordinance amendments and local surface water Chanhassen Planning Commission – June 2, 2020 45 management plan amendments. We thought it might be a good idea before we dive into the actual proposed amendments to go over a brief sort of background on what is surface water and storm water. Why it’s important. How it’s regulated, etcetera. It’s important to delineate between surface water and storm water. Surface is fairly obvious. It’s any body of water above ground including lakes, streams, wetlands, ponds, etcetera. But the Minnesota Stormwater Manual defines stormwater as any of the water running off the land surface after a rainfall or snow melt event. Stormwater including melted snow or ice eventually does one of the following. It runs off into a surface water, soaks to or infiltrates the ground or evaporates back into the atmosphere. So why do we need to manage stormwater? The long version is that over the past century the construction of homes, roads, malls, commercial buildings, etcetera have dramatically increased the amount of impervious surface on the landscape. Impervious surface is any surface in which water cannot immediately soak into the ground. It’s also known as hard surface. Additionally we have modified the landscape to facilitate rapid drainage of stormwater runoff from developments along with increased use of pollutants such as lawn fertilizer and motor oil. The short version as you can see on the slide needs to be managed to mitigate pollution and mitigate flooding. Quality and quantity. So 4 main factors have contributed to the increased need for stormwater management. Increased hard surface in recent decades. That’s that impervious surface I mentioned. Active construction sites with exposed soils. Increased intensity and frequency of precipitation events and a historic lack of regulation to manage stormwater. So what can be done to properly manage stormwater? So I’ve listed some examples on the slide. It can detain runoff and release it slowly to reduce flooding. Capture and treat runoff to reduce pollutant loads. Minimize erosion and sediment and promote infiltration and water re-use. So how is stormwater regulated? There are many agencies at the federal, state, watershed and local levels that have jurisdiction over surface and ground waters here in the state. These jurisdictions can and often do overlap. Some state level agencies that regulation various aspects of surface water and storm water are listed on that slide. So before we dive into the ordinance too much we wanted to go over a quick background on the watershed districts and watershed management organizations within the city. There are 4. So I use the term watershed management organizations and watershed districts more or less interchangeably. That’s kind of the intent but there are 4 of them within the city. You can see them on the map on the slide and these organizations they are political subdivisions of the state by statute and they have levy authority. This largest one within the city is Riley-Purgatory-Bluff Creek watershed district. You can see it’s outlined in green on the map. It takes up a bulk of the eastern and central part of the city. Minnehaha Creek is the next largest and is located on the northwest part of the city and includes Lake Minnewashta. Lower Minnesota River is on the southern part of the city and Carver County Watershed Management Organization is located in a small sliver on the western part of the city. For the rest of my presentation I’ll refer to all 4 of these as watershed management organizations or WMO’s. Each WMO within the city has it’s own rules and regulations for stormwater and water resources related issues and each WMO has developed and implemented it’s own policies, regulations, goals and watershed needs. So regulation within the city. Currently the City has it’s own surface water regulations and performs it’s own stormwater reviews but the underlying WMO’s also have their own rules and regulations. As of right now stormwater permitting falls on the WMO’s. This is a redundancy and it can actually be onerous Chanhassen Planning Commission – June 2, 2020 46 and needlessly confusing for project proposers. One of the major goal of our proposed ordinance amendments is to consolidate and clarify this review process. This will be achieved by having the City take on sole permitting authority for stormwater review while also maintaining the rules and regulations of the underlying watershed management organizations. And I’ll get into the process on how we actually maintain permitting authority in a little bit. So the actual amendments that we are proposing. So why are we here today? We identified 4 main goals that we wanted to accomplish with these ordinance amendments. Number one was to align the city code with the adopted local management plan. That plan was adopted in December, 2018 and we need to align the code with what’s outlined in the plan. Number two is to align the city code with the latest versions of the watershed management organizations rules and regulations. We are proposing to have project proposers meet the stormwater needs of each underlying WMO rather than having one standard across the whole city. This is an important point that we kind of want to hit home. As I stated before each watershed management organization within the city has it’s own watershed needs and goals and policies that they’ve developed throughout the years so by having the underlying, by having the project proposers meet the stormwater needs of the underlying WMO rather than one standard allows us to continue to meet the needs that are within that WMO. The third goal is that it’s the City’s goal to take on future stormwater permitting authority. We plan to obtain agreements between the WMO’s and the City through a Memorandum of Understanding. This process comes after City Council approval of amendment updates. And number 4, it’s similar to number 2 but the City is mandated by state statute to update our local controls and our plan to be in conformance with the underlying WMO’s rules and plan when they are in conflict. So we’re proposing 4 chapters for revision. Those that are up there. Also some minor revisions to the local surface water management plan. So I’ll get into the actual proposed revisions right now. Chapter 1, Definitions. These revisions only include minor definition updates to land disturbance and the local surface water management plan definition. The land disturbance definition is helping to align the City’s definition with the watershed management organization’s definition. Chapter 18, the majority of the revisions to Chapter 18 which is Subdivisions reference that all design requirements and all required plan submittals can be found under Chapter 19. Currently these requirements are scattered throughout Chapter 18 and Chapter and it can be confusing. This allows for more clear and consolidated listing of what project proposers are required to submit with their subdivision submittals when it comes to surface water management and points them to one area of the code for all requirements and submittals. Lastly under Chapter 18-76 there was a clarification that easements are required over stormwater conveyance structures along with drainage ways and other surface water empowerments. Revisions to Chapter 19 constitute the bulk of the ordinance revisions presented before you today and they help us to align with the 4 goals that we outlined below. So bear with me a little bit. We’ll get a little bit technical here but I’ll try and kind of go through it briefly. Section 19-140 simply updated the language to reference the local water management plan which was formerly known as the Surface Water Management Plan or SWMP and introduces language that all surface water management must abide by the underlying WMO’s rules and regulations. Section 19-141 more specifically addresses the underlying WMO’s and incorporates their rules by reference. Another addition to 19-141 is the use of the Minnesota Pollution Control Agency’s Minnesota Stormwater Manual as a design guide for applicable construction and maintenance Chanhassen Planning Commission – June 2, 2020 47 techniques associated with stormwater BMP’s. Rather than listing out the numerous types of stormwater and surface water empowerments and BMP’s project proposers can now utilize the vast resources that the MPCA has compiled and continue to update with the stormwater manual. As discussed previously with Chapter 18 regarding required plans and submittals the updates to 19-142 is where all these requirements will be housed. All in one place rather than multiple sections. This more clearly defines the required submittals staff needs in order to evaluate if the goals of the local water management plan and ordinances and underlying WMO’s are being mat by any project proposer when surface water management is required. In the event that a project proposer does not trigger surface water management by the underlying WMO there are some general elements that will still be required of project proposers in order to meet the goals and policies of the local water management plan. These indices are captured under the updates to Section 19-143 that list out more general requirements as it pertains to quality and quantity. Section 19-144 stormwater facility planning was formerly titled major facility design elements. With the introduction of the Minnesota Stormwater Manual as a design guide and requirements of plan submittals under 19-142 this section was amended to address the required facility planning in regards to regional detention areas. One of the goals of the local water management plan is to promote the use of regional facilities rather than small individual facilities. It was also, this section was also updated to address the requirements of easements over such systems. Minor changes to Section 19-145 which is erosion and sediment control are being proposed, one of which being an increase from 5,000 square feet to 10,000 square feet of land disturbance will trigger the requirements of this section. Most underlying WMO’s have a more restrictive requirements for erosion control. However in the event that the underlying WMO does not require erosion or sediment control based on the project proposer’s land disturbance area and similar to the intent of Section 19-143 this update aligns with the goals of the local water management plan to protect surface water during construction activities. Section 19-146 was moved to Chapter 20 under wetlands and Section 199-147 surface water development fee was updated to more clearly identify how fee credits are calculated. Previously it was possible for project proposers to receive large credits to the surface water development fee if treating the stormwater to NURP standards. To date all developments are required to treat to or exceed NURP standards and staff believes that development should not get a fee credit for meeting ordinances and the underlying WMO’s rules and regulations. Rather fee credits will be calculated based on the additional water quality volume that a facility’s built for or in other words if a project proposer over sizes the stormwater BMP to treat and handle additional off site stormwater. As with Chapter 18 Section 20-109 was updated to route designers and project proposers to Chapter 19 for the requirements of plan submittals and design requirements. Chapter 20, Article 6 wetland protection is also proposed for revision. The majority of amendments to this section include updating verbiages and references to the Wetland Conservation Act eliminating the City required permanent wetland buffers and native vegetation in buffer strip requirements. Please note that buffer strips will still be required but their widths will be determined by the underlying WMO which is similar to how the stormwater requirements will now be required. We’re also proposing some amendments to the City’s local surface water management plan. I’m not sure what sort of background the commission, I know there are some new commissioners, have on the plan so I’ll go into that really quickly. The local surface water Chanhassen Planning Commission – June 2, 2020 48 management plan is prepared in conformance with Minnesota Statutes 103B and Minnesota Rules 84-10. The goal of the plan is to provide the City with information and direction in the administration and implementation of water resources management activities from 2018 to 2027 and serves as a guide to projects, provides for effective allocation of resources and sets forth a funding plan for projects and programs over the next 5 to 10 years. As I stated earlier the current plan was adopted in December of 2018. It was previously titled the Local Stormwater Management Plan but we are proposing to change the title to Local Surface Water Management Plan given that the plan involves more than just stormwater. It involves lakes, streams, wetlands, etcetera within the city. The proposed revisions with the newest plan are minor and this is not meant to be a major overhaul of this plan. …to this plan include clarifying definitions, updating maps, updating tables and changing local controls for city regulations from the most stringent watershed management organization rules to the actual underlying watershed management organization rules. Again this meets the needs and goals of the actual underlying watershed management organization in which a project would exist rather than having one standard rule throughout the city. We sent a memo to the watershed management organizations with these revisions that I just presented to you on May 19, 2020. As of today only Lower Minnesota River watershed district has provided comments. Those were received this morning actually and city staff will work to address those comments. Any comments, any other comments received from the watershed management organizations from this day forward will be considered and if necessary will be incorporated into the red line city code documents provided to City Council. No comments were received from the public via email or via phone call. Just sort of an outline next steps. These revisions are anticipated to be on a council work session some time in June or July. Assuming they are approved by council final adoption occurs 10 days after approval when they are published in the Chanhassen Villager. After that date we can begin the process of developing Memorandums of Understandings with the watershed management organizations. That’s how we obtain the permitting authority and we anticipate having the MOU’s adopted through council by mid-September of this year. In summary Chapters 1, 18, and 19 are being updated to bring the City’s stormwater ordinances in compliance with the previously approved local water management plan and to align the underlying WMO’s rules and regulations in order to obtain permitting authority from the WMO’s to the City. In addition minor revisions are being made to the local water management plan to align the underlying WMO’s rules and regulations in order to obtain permitting authority from the WMO’s to the City. And what that I will open it up for questions. Weick: Matt thank you. Unmacht: You’re welcome. Weick: That was really good and I like at the beginning the information you gave is really informative and I’m sure helpful for all of us. I’ll start off with one question. If a project in the future goes over more than one WMO does it just, you just have to meet both of those? Chanhassen Planning Commission – June 2, 2020 49 Unmacht: Yeah that’s a good question. Erik do you know what the protocol would be there? Would it follow the more stringent rules? Henricksen: Typically, first of all can everybody hear me? Weick: Yes. Henricksen: Typically the watershed district or WMO’s jurisdictional boundaries actually follow property lines and not the actual watershed district itself so an example could be Riley- Purgatory’s watershed district, the actual where the water goes follows topographic boundaries but in order to implement their rules they have to create jurisdictional boundaries that follow property lines so the event you’d be speaking of would be a property that would have to be combined through a subdivision somehow or a lot combination so in essence then the WMO’s underlying boundary would have to be changed so I really can’t foresee that event occurring because again it’s based on property lines. So if someone comes in and they want to develop a piece of property, it’s either going to be one or the other. Aanenson: Except for the Nye subdivision. That was in two watersheds correct? Henricksen: No, well it’s in two watershed watersheds as far as topographic boundaries. However in 2018 Riley-Purgatory and Minnehaha Creek went through a boundary change and it was determined that the majority of the property as a whole fell in Riley-Purgatory so they came to an agreement on that that property would follow rules and regs on Riley-Purgatory. That being said Lot 2 on that subdivision is, the majority is actually in Minnehaha but it’s still one property. Weick: That’s really helpful Erik. Thank you. Unmacht: Thanks Erik. Weick: That makes sense. I’ll open it up for other commissioner questions. McGonagill: Mr. Chairman I have just two minor ones. Matt when you looked at Section 19- 144 when it was talking about the over stormwater infrastructure there’ll be dedicated by an easement or have an easement dedicated. Who’s the easement dedicated to? To the City? Who owns the easement? Unmacht: The City. McGonagill: Okay and so and there’s regulations that govern what can be put up on that easement. For example a homeowner can’t build something on top of that easement? Chanhassen Planning Commission – June 2, 2020 50 Unmacht: It’s my understanding they would need an encroachment agreement if they wanted to do anything within that drainage and utility easement. McGonagill: Okay so access to the infrastructure is maintained or whatever we need to do and that would be part of the development plans that we would see correct? Unmacht: Correct, yep. McGonagill: And this is a real basic question. I was sitting here just scratching my head because I remember talking about this a couple, 2-3 years ago. We said we were going to adhere to the most stringent regulations and now you’re saying we’re going to go by the WMO, whichever governs the property he’s in. Unmacht: Correct. McGonagill: And you may have said this at the start and I missed it, what was the philosophical change that made us move from the more stringent one to wherever it resides? Unmacht: Yes so that’s a good question and one of the main points that we kind of were considering when we were developing so each watershed management organization within the city develops their own policies, goals. They develop their own watershed needs. Their rules and regulations reflect those needs so if we have one stringent policy throughout the city what’s applicable in say Minnehaha Creek watershed district might not be applicable in Lower Minnesota watershed districts and it might not meet the needs of that actual watershed so rather than having one, rather than going to the most stringent we’re actually meeting the needs that are outlined by the actual watershed districts themselves. McGonagill: And what cause that change to occur because for a while we were going with the most stringent? Unmacht: That was a staff, that was a decision made by city staff. McGonagill: To change? Unmacht: Yep. McGonagill: To make it, and the reason was? Unmacht: Like I said the, the watershed management organizations develop their own needs and standards and they also have their own regulations that regulate various aspects of stormwater and it’s not, it’s not every watershed management organization addresses all the same issues. So if we just go with the most stringent it might not always apply to that area, if that makes sense. Chanhassen Planning Commission – June 2, 2020 51 McGonagill: Yeah I understand. They’re going to have different things they’re going to emphasize. You may have an area of very stringent requirements in one and it’s silent on the area you really want to talk about. Unmacht: Correct. Yep for example you know not to get too technical but one watershed district might have extra rules for total suspended solids and the other might not address total suspended solids at all. Or total phosphorus, those sorts of things. McGonagill: Correct, okay. I understand that so it’s, you went with it because, which is I think better for both the landowner and some of the watershed districts they have goals. Unique things that the water district is striving to maintain and protect. Therefore we’re going, we’re backing up in a sense and going to…by WHMO to meet the target’s that’s unique to the other WHMO. Unmacht: That’s exactly right and we’re…that it’s actually more beneficial to do water and the watershed themselves by going this route. McGonagill: Makes sense, thank you Matt. Unmacht: Yep. Weick: Thank you Commissioner McGonagill. Other comments from commissioners or questions? Reeder: Mr. Chairman, Reeder. Let me put my arms around this and make sure I understand what we’re doing here. It appears to be that a simple explanation is that whenever, if I was a developer coming into this city rather than sending a plan over to the watershed district that city staff will handle that using the regulations that are set up by the watershed? By the water management group. Is that what it is? Unmacht: That’s a great way to say it. That’s exactly right. City staff will be handling the review but the rules will be set forth by the watershed management organization. Reeder: Okay which I can see that as a benefit to the developers as I’ve watched the years and sat there waiting for a water management organization to respond to something we were trying to build. My question is, I assume there’s some city costs in us taking over their work to some extent. Are we setting up a system so that the developers pay that cost or? Unmacht: So I might have Erik speak to that but in terms of cost, in terms of labor that was kind of laid out within the local water management plan that the City was willing and able to take on that review process but if you mean actual, are you referring to actual costs from the developer from like a fee standpoint? Chanhassen Planning Commission – June 2, 2020 52 Reeder: My question is I assume that we’re going to put more staff time into it if we’re doing all the work on it that will cost the City something, are the developers paying that cost? Unmacht: Charlie do you want to chime in on that one? Whether or not the developers are paying for it I don’t exactly know. Is Charlie there? Howley: I’m here Matt. Unmacht: Oh, did you hear me? Howley: I did yeah. I’d be happy to answer that. So right now with any permit application or development application there are fees that the applicants pay. Some of those fees are set up to cover city review staff or consultant review staff and other fees are meant to collect to do projects. Future stormwater projects, things along those natures so when we go through the next, after we get through the code updates and we develop these MOU’s with the districts we’re also going to develop basically a permit application that the City will use that the developers can fill out and in doing that we will review our fee schedule and make the determination at that time if we need to tack on a nominal fee as a part of the application to kind of cover our internal expenses but generally city staff, we don’t really charge our time to any specific tasks that, we are employees that work on stuff all day every day and yes this will take us longer to review stormwater permit applications but we don’t see it as it’s going to be over burdensome that we’re going to have to hire two more staff members. We’re still going to negotiate it with our current staffing level and meet the required review timelines. Reeder: In fact can we now charge a developer, does the water management organization have some fees that they would have to, that they would now collect and the City has fees so that when we go doing it all would we, would the developer simply pay whatever fees we needed? Howley: Yes Commissioner, this is Charlie again. Right now many applicants, many developers have to pay both us and the watershed districts separate. Say letters of credit for securities. They definitely pay the watershed district permit application fees which again are meant to cover their staff time to review the actual permits. The watershed districts generally use consultants and that’s what they use their money to pay their consultants for so when we obtain the permitting authority and as part of the negotiations with our MOU’s the developer won’t have to pay anything to the watershed districts. It will all be processed through us so it won’t be double dipping or they won’t have to pay twice. Those fees will. Reeder: Sounds good. I think that’s the way it should go and I think that would make it simpler to everybody. My other question was has any city ever done this before? Unmacht: It’s my understanding that it’s not uncommon at all for cities to have stormwater permitting authority but I’m relatively new to this area so I don’t know, Charlie or Erik do you guys know? Chanhassen Planning Commission – June 2, 2020 53 Howley: Commissioner this is Charlie again. Yes. There are plenty of cities that do this stormwater permitting reviews for the watershed districts. But if your question is about our approach of using the rules of the underlying district and not the most restrictive, I’ve seen it both ways and it’s about 50/50 out there in the metro area at least so no we’re alone on an island on this by any stretch. Reeder: Okay that’s, I assumed that that was not unusual and I have no problem with your approach of using the underlying water management rules. Oh the statement was made that we sent this stuff over to the water management organizations. Only heard response from one of them. Generally as you talk with them, their staff people, with their consultants, do we think that they generally agree with this approach? Unmacht: Yeah I think so. They’ll certainly have comments on the actual revisions themselves and they’ll, they will prepare a memo as a response but I believe we have actually reached out to the leaders of those organizations to let them know that they were coming before we actually sent them the formal revisions and I think all 4 were supportive. Charlie correct me if I’m wrong but they were supportive. Of course they wanted to see what actually came in writing but it’s my understanding that they’re supportive of what we’re doing. Reeder: Thank you okay. Final question is, I assume in the future there will need to be changes made to the rules in the various water management organizations so how will we handle that? Will we just allow them to change the rules and then enforce them as they change them? Unmacht: Yeah that’s our plan. We are adopting the rules by reference so as they change their rules our reference won’t change so the goal is to not have to update our ordinances every time a watershed management organization updates their rules. Reeder: Okay, Mr. Chairman I think it’s a good idea so I would support it. Weick: Thank you, yeah thanks a bunch. Any other commissioners with questions for Matt? Or Erik or Charlie. Hearing nope. Mark do you have or is that just. Von Oven: Yeah it’s alright. I’m having a little trouble here. Okay. Yeah I think it’s a great idea. I think it’s in the best interest of the developer. It’s in the best interest of the City. I’m having a little trouble, and I guess I worry a little bit about it is the City’s intent to enter into this MOU and there were no responses. Can you just speak a little bit to why would, maybe I’m just thinking bad things about them but why would the MOU’s be okay with this? It almost seems like a loss of power, a loss of revenue and a loss of control. So is there a reason why they’re all just totally cool with this? Unmacht: That’s a good question. I believe they, you know this reviewing stormwater is not a fun thing that they’re doing and it’s not a major part of their day to day and they, at least I know Chanhassen Planning Commission – June 2, 2020 54 for Riley-Purgatory they consult this work out anyway so it’s not even work that staff was doing in the past so it’s actually less expense that they’ll likely have. I can’t speak for the other ones. I’m not sure exactly how their processes work but it’s my understanding that it’s actually less burdensome and with the fact that we’ll still be meeting the watershed district needs of the underlying WMO’s that they’re supportive in that sense too because yes they’re losing review on it but that doesn’t mean that their goals still won’t be met within the underlying WMO. Von Oven: Okay so that actually helps me a little bit. I think I maybe misunderstood all this. You changed the name of it so now the actual name is the local surface water management plan, right? That is comprehensive that it’s lakes and rivers and pretty much all surface water but the process change here is just permitting for stormwater? It’s not all of the above that exists in the local surface water management plan? Unmacht: It’s actually our goal to take on stormwater permitting authority but that also includes some other permitting rules within each city so be it erosion and sediment control, wetland rules within the city, so those are all, that will all be flushed out in the MOU’s. The Memorandums of Understanding that we’ll develop with the watersheds. So we haven’t nailed on exactly what, how comprehensive the permitting that we will take from them but that stormwater will certainly be a part of that. Von Oven: Okay so if a lakeshore owner wanted to do riprap and they needed to go get a permit, we’re not sure yet whether that would still go through the watershed management organization or the City. That will be determined through the MOU and the negotiations? Unmacht: That’s correct. Von Oven: Okay, got it. Thanks. That’s all my questions. Weick: Those were good. Asked a couple of mine as well. How about anyone else? I know we’ve talked about some of these Kate I think for a while. Aanenson: We’ve been working on some of this, Matt got this dumped in his lap right out of the gate. This is something that we’ve been trying to resolve for quite a while so he’s done a great job. Weick: Yeah it will be nice to see this moving forward I think. Aanenson: It is a public hearing too. Weick: Oh it is? Aanenson: Yep. Chanhassen Planning Commission – June 2, 2020 55 Weick: Alright. Well I will open the public hearing portion of this item and invite anyone to come forward and offer comments on this item. I will also entertain telephone calls which I don’t believe we have at this time. I’m trying to talk really slowly just in case someone’s dialing or something but we have to be fair right? So seeing no one come forward in chambers or having anyone call in at this time I will close the public hearing portion of tonight’s item and open it back up to our commissioners for comment, notes, and/or a motion. And the motion you should see now on your screen. While we’re thinking about this one I will say again thank you Matt. It’s nice to meet you. Unmacht: Yeah nice to meet you too. Weick: We look forward to working with you. I think watershed issues do come up on a lot of projects. Aanenson: Yeah, I think the other thing that we were really trying to reconcile is we have one position and the watershed has a different position and the developer’s stuck inbetween and the double security. That was a big issue too. Sometimes it would be hundreds of thousands so. Weick: Wonderful. Well thank you. McGonagill: Mr. Chairman I’ll propose the motion. Weick: Thank you Commissioner McGonagill. McGonagill: Chanhassen Planning Commission recommends the approval of updating ordinances amending Chapters 1, 18, 19 and 20 and the local surface water management plan revisions. Weick: Thank you. We have a valid motion from Commissioner McGonagill. Do we have a second? Von Oven: I’ll second. Weick: We had a second from I believe Commissioner Von Oven. Von Oven: Correct. Weick: Alright. I’m getting good with voices. Von Oven: Just wait until you meet us in person. Weick: Alright well we have a valid second. Any comment from commissioners before we vote? Hearing none we will roll call vote. Chanhassen Planning Commission – June 2, 2020 56 McGonagill moved, Von Oven seconded that the Chanhassen Planning Commission recommends the approval of updating ordinances amending Chapters 1, 18, 19, and 20 to align city ordinance with the Local Surface Water Management Plan and updated local Watershed Management Organization Rules. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Weick: So the stormwater ordinance amendments pass unanimously at 7 to 0. Thank you again to everybody for their attention to this matter this evening and thanks Matt. Unmacht: Thank you. Weick: This was really good. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated May 5, 2020 as presented. ADMNISTRATIVE PRESENTATIONS. Weick: And Kate any presentations? Aanenson: Yep council update. So on their May 26th the City Council did approve the PUD amendment and then they also approved the Nye subdivision. The one lot subdivision. I also wanted to let you know we will have a meeting in two weeks. Just a variance and then we also have an application coming in, we anticipate on Friday for a use down in Gedney Pickle site. Here’s a conditional use for some manufacturing so we anticipate that coming in so you’ll have things on the next two meetings so I think for the short run here we’re still kind of anticipating Zoom meetings so I appreciate you coming in Chairman but we’ll send that out to everybody else. I try to send out the day before so you’ve kind of got it and yeah. And for some reason you’re going to be on vacation or something we just let myself or Jean know so we want to make sure we have a quorum so with that it was a long meeting and I appreciate everybody’s great comments. You got a lot accomplished tonight so thank you. Weick: Yes. McGonagill: Kate can you update us on the process, you know the City Manager is retiring. Can you update us on the process that you’ve all been told? Aanenson: Yeah they’re looking at an interim city manager for a few months so I think that process is in the works. The council will be reviewing those and then during the, that time of the interim they’ll be posting for a replacement yeah. Big change. McGonagill: It is a big change. Chanhassen Planning Commission – June 2, 2020 57 Aanenson: Yeah, yep. McGonagill: Been there a long time and I hope everybody takes time to work through that so good luck to everyone. Aanenson: Yes, yeah. Weick: Great, thank you Kate. At this time I would certainly accept a motion to adjourn. McGonagill moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 9:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Approve a Request for Setback Variances to Install a Septic System in the NW Corner of Property Located at 565 Lakota Lane Section CONSENT AGENDA Item No: D.3. Prepared By MacKenzie YoungWalters, Associate Planner File No: PROPOSED MOTION The City Council approves a variance allowing the placement of the pump line, tanks, mound, and dispersal area within the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property line setback variance for the mound and dispersal area, subject to the conditions of approval, and adopt the attached Findings of Fact and Recommendation. Approval requires a Simple Majority Vote of members present. SUMMARY During the septic system inspection required as part of the sale of the home, the septic system at 565 Lakota Lane was determined to be failing. This determination requires that the septic system be replaced. Due to the location of the house and bluff, the only viable location for a septic system is in the front yard, partially within the city’s rightofway. The applicant is requesting a variance to place the pump line, tanks, mound, and dispersal area within the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property line setback variance for the mound and dispersal area to accommodate this placement. A variance is required because Chapter 19 requires that septic systems be setback 10 feet from property lines and 50 feet from the top of the bluff, and Chapter 20 prohibits the removal or alteration of vegetation and grading within 20 feet from the top of a bluff. A full analysis of the requested variance is provided in the attached staff report. BACKGROUND County records indicate that the home was built in 1967. On October 14, 1991, the city passed Ordinance No. 152, which created the city’s Bluff Protection Ordinance. On August 22, 1994, the city expanded the Bluff Protection Ordinance to cover the entire city. On February 8, 1999, the city passed Ordinance No. 289, which governed the installation and maintenance of septic systems and established a 20foot bluff setback. CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectApprove a Request for Setback Variances to Install a Septic System in the NW Corner ofProperty Located at 565 Lakota LaneSectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: PROPOSED MOTIONThe City Council approves a variance allowing the placement of the pump line, tanks, mound, and dispersal areawithin the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property line setback variance forthe mound and dispersal area, subject to the conditions of approval, and adopt the attached Findings of Fact andRecommendation.Approval requires a Simple Majority Vote of members present.SUMMARYDuring the septic system inspection required as part of the sale of the home, the septic system at 565 Lakota Lanewas determined to be failing. This determination requires that the septic system be replaced. Due to the location of thehouse and bluff, the only viable location for a septic system is in the front yard, partially within the city’s rightofway.The applicant is requesting a variance to place the pump line, tanks, mound, and dispersal area within the 50foot bluffsetback area and 20foot bluff impact zone, and a 10foot property line setback variance for the mound and dispersalarea to accommodate this placement. A variance is required because Chapter 19 requires that septic systems besetback 10 feet from property lines and 50 feet from the top of the bluff, and Chapter 20 prohibits the removal oralteration of vegetation and grading within 20 feet from the top of a bluff.A full analysis of the requested variance is provided in the attached staff report.BACKGROUNDCounty records indicate that the home was built in 1967.On October 14, 1991, the city passed Ordinance No. 152, which created the city’s Bluff Protection Ordinance.On August 22, 1994, the city expanded the Bluff Protection Ordinance to cover the entire city.On February 8, 1999, the city passed Ordinance No. 289, which governed the installation and maintenance of septic systems and established a 20foot bluff setback. On May 14, 1999, the city issued a permit for a garage addition. On May 23, 2011, the city passed Ordinance No. 523, adopting Carver County Ordinance 672010 by reference and establishing the current 50foot bluff setback for septic systems. On November 28, 2016, the city received notice of a nonimminent failing sewage treatment system at 565 Lakota Lane. On June 2, 2020 the Planning Commission held a public hearing and voted unanimously to recommend that the City Council approve the requested variance. DISCUSSION During the June 2, 2020 public hearing, no member of the public spoke for or against the requested variance. During the June 2, 2020 Planning Commission meeting, the Commissioners asked the following: 1. Is the applicant obligated to replace the system? Response: Yes, the nonimminent failure notice requires that the system be replaced within a set period of time. 2. Could the existing system be repaired/rebuilt in its existing location? Response: It is staffs' understanding that the soils in the existing area would not accommodate a new/rebuilt system. Previous variances for septic systems within bluff setbacks were also discussed. Staff noted that many older properties with nonconforming bluff setbacks are beginning to turn over and staff is expecting to see more variances like this in the future. RECOMMENDATION Staff recommends that the City Council approve a variance allowing the placement of the pump line, tanks, mound, and dispersal area within the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property line setback variance for the mound and dispersal area, subject to the following conditions of approval, and adopt the attached Findings of Fact and Recommendation: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent offsite erosion. 3. The septic system must be located as proposed in the survey and design received by the city on May 1, 2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the city for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an asbuilt survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectApprove a Request for Setback Variances to Install a Septic System in the NW Corner ofProperty Located at 565 Lakota LaneSectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: PROPOSED MOTIONThe City Council approves a variance allowing the placement of the pump line, tanks, mound, and dispersal areawithin the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property line setback variance forthe mound and dispersal area, subject to the conditions of approval, and adopt the attached Findings of Fact andRecommendation.Approval requires a Simple Majority Vote of members present.SUMMARYDuring the septic system inspection required as part of the sale of the home, the septic system at 565 Lakota Lanewas determined to be failing. This determination requires that the septic system be replaced. Due to the location of thehouse and bluff, the only viable location for a septic system is in the front yard, partially within the city’s rightofway.The applicant is requesting a variance to place the pump line, tanks, mound, and dispersal area within the 50foot bluffsetback area and 20foot bluff impact zone, and a 10foot property line setback variance for the mound and dispersalarea to accommodate this placement. A variance is required because Chapter 19 requires that septic systems besetback 10 feet from property lines and 50 feet from the top of the bluff, and Chapter 20 prohibits the removal oralteration of vegetation and grading within 20 feet from the top of a bluff.A full analysis of the requested variance is provided in the attached staff report.BACKGROUNDCounty records indicate that the home was built in 1967.On October 14, 1991, the city passed Ordinance No. 152, which created the city’s Bluff Protection Ordinance.On August 22, 1994, the city expanded the Bluff Protection Ordinance to cover the entire city.On February 8, 1999, the city passed Ordinance No. 289, which governed the installation and maintenance of septicsystems and established a 20foot bluff setback.On May 14, 1999, the city issued a permit for a garage addition.On May 23, 2011, the city passed Ordinance No. 523, adopting Carver County Ordinance 672010 by referenceand establishing the current 50foot bluff setback for septic systems.On November 28, 2016, the city received notice of a nonimminent failing sewage treatment system at 565 LakotaLane.On June 2, 2020 the Planning Commission held a public hearing and voted unanimously to recommend that the CityCouncil approve the requested variance.DISCUSSIONDuring the June 2, 2020 public hearing, no member of the public spoke for or against the requested variance. During the June 2, 2020 Planning Commission meeting, the Commissioners asked the following:1. Is the applicant obligated to replace the system? Response: Yes, the nonimminent failure notice requires that the system be replaced within a set period of time.2. Could the existing system be repaired/rebuilt in its existing location?Response: It is staffs' understanding that the soils in the existing area would not accommodate a new/rebuiltsystem. Previous variances for septic systems within bluff setbacks were also discussed. Staff noted that many older propertieswith nonconforming bluff setbacks are beginning to turn over and staff is expecting to see more variances like this inthe future.RECOMMENDATIONStaff recommends that the City Council approve a variance allowing the placement of the pump line, tanks, mound,and dispersal area within the 50foot bluff setback area and 20foot bluff impact zone, and a 10foot property linesetback variance for the mound and dispersal area, subject to the following conditions of approval, and adopt theattached Findings of Fact and Recommendation:1. The applicant must apply for and receive all necessary permits from the relevant agencies.2. The applicant must show proposed erosion control on survey and install erosion control as needed to preventoffsite erosion.3. The septic system must be located as proposed in the survey and design received by the city on May 1, 2020as part of the variance request.4. The property owner shall enter into an Encroachment Agreement with the city for the area of the individualsewage treatment system (septic system) that encroaches into the public easement. The final area ofencroachment shall be determined by an asbuilt survey of the septic system, and the Encroachment Agreementshall be recorded prior to issuance of the Certificate of Compliance.5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. ATTACHMENTS: Staff Report Findings of Fact (Approval) Variance Document Development Review Application Narrative Survey Septic Documents Engineering Memo ERC Memo Public Hearing Notice and Affidavit of Mailing List CITY OF CHANHASSEN PC DATE: June 2, 2020 CC DATE: June 22, 2020 REVIEW DEADLINE: June 30, 2020 CASE #: 2020-7 BY: MW SUMMARY OF REQUEST: During the septic system inspection required as part of the sale of the home, the septic system at 565 Lakota Lane was determined to be failing. This determination requires that the septic system be replaced. Due to the location of the house and bluff, the only viable location for a septic system is in the front yard, partially within the city’s right-of-way. The applicant is requesting a variance to place the pump line, tanks, mound, and dispersal area within the 50-foot bluff setback area and 20-foot bluff impact zone and a 10-foot property line setback variance for the mound and dispersal area to accommodate this placement. A variance is required because Chapter 19 requires that septic systems be setback 10 feet from property lines and 50 feet from the top of the bluff, and Chapter 20 prohibits the removal or alteration of vegetation and grading within 20 feet from the top of a bluff. LOCATION: 565 Lakota Lane (PID 251300010) APPLICANT: Francisco & Heather Lynn Silva 565 Lakota Lane Chaska, MN 55318 PRESENT ZONING: A-2 2030 LAND USE PLAN: Residential Low Density ACREAGE: 2.57 DENSITY: NA PROPOSED MOTION: “The Chanhassen Planning Commission recommends that the City Council approve a variance allowing the placement of the pump line, tanks, mound, and dispersal area within the 50-foot bluff setback area and 20-foot bluff impact zone and a 10-foot property line setback variance for the mound and dispersal area.” 565 Lakota Lane Planning Case #2020-7 Page 2 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicants recently purchased this property. During the purchasing process, they were informed that the septic system was in a state of non- imminent failure and would need to be replaced. The existing septic system is located within the bluff behind the house, and due to the location of the house and bluff, the only location on the property that can accommodate a new septic system is the northwest corner. This location is within the 50-foot bluff setback, the 20-foot bluff impact zone, and 10-foot property line setback. It will also require the city to issue an Encroachment Agreement allowing a portion of the dispersal area to be located within the right-of-way. The mound for the proposed septic system will be within one foot of the front lot line and the dispersal area will cross the lot line and encroach approximately eight feet into the right-of-way. The mound will also be about 22 feet from the top of the bluff and the dispersal will be around 2 feet from the top of the bluff. The tanks will be located approximately one foot from the top of the bluff, with the sewer line being about five feet from the top of the bluff at its closest point. The applicant has stated that it is not possible to place the septic system on the southern portion of the property and that the proposed northwest corner is the only approved location. The applicant has further noted that they must replace the septic system in a timely manner due to the fact that the system is non-compliant. APPLICABLE REGULATIONS Chapter 1 - General Provisions, Section 1-2, Rules of Construction and Definitions 565 Lakota Lane Planning Case #2020-7 Page 3 Chapter 19 - Water, Sewers and Sewage Disposal, Article IV, Subsurface Sewage Treatment Systems, Sec. 19-67, Amendments Chapter 20 - Zoning, Article II, Division 3, Variances Chapter 20 - Zoning, Article II, Division 4, Nonconforming Uses Chapter 20 - Zoning, Article X, “A-2” Agricultural Estate District Chapter 20 - Zoning, Article XXVIII, Bluff Protection, Sec. 20-1403, Removal or Alteration of Vegetation Chapter 20 - Zoning, Article XXVIII, Bluff Protection, Sec. 20-1404, Topographic Alterations/Grading and Filling Note: Most of the applicable setback standards are located in Chapter 19; however, Chapter 19 does not have a specific variance procedure so the variance is being granted from the general zoning code using the procedure outlined in Chapter 20. BACKGROUND County records indicate that the home was built in 1967. On October 14, 1991, the city passed ordinance number 152, which created the city’s bluff protection ordinance. On August 22, 1994, the city expanded the bluff protection ordinance to cover the entire city. On February 8, 1999, the city passed ordinance number 289, which governed the installation and maintenance of septic systems and established a 20-foot bluff setback. On May 14, 1999, the city issued a permit for a garage addition. On May 23, 2011, the city passed ordinance number 523, adopting Carver County Ordinance 67- 2010 by reference and establishing the current 50-foot bluff setback for septic systems. On November 28, 2016, the city received notice of a non-imminent failing sewage treatment system at 565 Lakota Lane. SITE CONDITIONS The property is zoned Agricultural Estate District (A2) and contains a bluff. This zoning district requires lots to be a minimum of 2.5 acres, have front yard and rear setbacks of 50 feet, side yard setbacks of 10 feet, and limits parcels to a maximum of 20 percent (20%) lot coverage. Structures are required to be 30 feet or the existing distance from the top of the bluff, with no topographic or vegetative alterations permitted within 20 feet from the top of the bluff. Chapter 19 requires septic systems to be setback 50 feet from bluffs and 10 feet from property lines. 565 Lakota Lane Planning Case #2020-7 Page 4 The existing house structure is approximately 34 feet from the front property line, with a front patio about 27 feet from the front property line, and the home is setback around six feet from the top of the bluff. The existing septic system is located within the 50-foot bluff setback and 20-foot bluff impact zone. There is also a shed located on the bluff. The property meets all other requirements of its zoning district. NEIGHBORHOOD Bluffview Addition The plat for this area was recorded in November of 1958. This plat predates the formation of the city and since the plat was recorded, the zoning code was adopted and amended multiple times, including provisions governing the location of structures and septic systems relative to bluffs. The homes in the area are of older construction, built between 1964 and 1984, and most do not conform to the city’s current bluff ordinance. Variances within 500 feet: 1974-03 535 Lakota Lane: Road Realignment as part of a subdivision - Approved* 1982-05 608 Flying Cloud Drive: Development in unsewered lot (Recreational Water Slide) - Denied *From the file it is not clear why realigning the road required a variance and was not just handled as part of the subdivision. ANALYSIS Proposed Location 565 Lakota Lane Planning Case #2020-7 Page 5 As the above illustration shows, the majority of the northern section of the property is encumbered by the 50-foot bluff setback and once the locations of the house, well, and existing septic line are taken into account, the northwestern corner of the lot is the possible location for a septic system. The applicant has moved the system as close to the northern lot line as possible in order to minimize the encroachment into the bluff impact zone and has positioned the mound outside of the most sensitive area of the bluff; however, this location has resulted in the mound being located one foot from the front lot line and its dispersal area extending into the right-of-way. Typically, staff is strongly opposed to anything being located within the right-of-way; however, in this case the proposed encroachment is a subsurface rock bed that should not include any other underground components. Due to the minimally intrusive nature of the proposed encroachment, the Engineering Department has indicated that they would be willing to grant an Encroachment Agreement to permit the installation of the rock bed within the right-of-way. The Engineering Department’s full comments and required conditions can be found in the attached memo. While staff would prefer that nothing be located within the bluff impact zone, staff recognizes that in this case it is simply not possible to design a system that will maintain a 20-foot setback from the top of the bluff. Staff also recognizes that the portions located within the bluff impact zone are all subsurface in nature and should not pose a risk to the integrity of the bluff, provided adequate precautions are taken during construction and that the area is revegetated post construction. 565 Lakota Lane Planning Case #2020-7 Page 6 Due to the lack of alterative locations and the in recognition of the fact that the proposed location minimizes to the intent practicable the impact on the bluff, staff recommends approving the required variances. Southern Location The slope near the southwestern corner of the property does level off enough that a septic system could theoretically be sited; however, there is no practical way to access that location. In order to install a system in that location, the installer would either have to traverse approximately 500 feet of steep slopes, significantly disrupting the existing vegetation, or obtain permission to bring equipment in through the Hennepin County Regional Railroad authority’s property to the south of 565 Lakota Lane. Staff does not believe it would be possible for the homeowner to obtain permission to bring equipment in though the bike and pedestrian trail, and accessing the southwestern corner of the property from Lakota Lane is not practical. For these reasons, staff agrees with the homeowner’s statement that the northwest corner of the property is the only viable location for a new septic system. Impact on Neighborhood The largest impact on the neighborhood would be the anticipated loss of trees in the proposed location of the rock bed within the city’s right-of-way. While the loss of tree screening is regrettable, 4 of the 10 houses on Lakota Lane are readily visible from the road and the loss of 565 Lakota Lanes vegetative buffer will not be a radical departure from the street’s existing aesthetic. Since most components of the septic system are below ground, it is not expected to have a significant impact on the neighborhood. SUMMARY Staff believes that the proposed location is the only viable location for a new septic system on the property and that the applicant has made every effort to locate the system as far as possible from the top of the bluff. Staff also believes that the proposed system and its location will have a minimal impact on the surrounding properties. RECOMMENDATION Staff recommends that the Chanhassen Planning Commission recommend that the City Council approve a variance allowing the placement of the pump line, tanks, mound, and dispersal area within the 50-foot bluff setback area and 20-foot bluff impact zone and a 10-foot property line setback variance for the mound and dispersal area, subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation: 565 Lakota Lane Planning Case #2020-7 Page 7 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent offsite erosion. 3. The septic system must be located as proposed in the survey and design received by the city on May 1, 2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the city for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. Should the Planning Commission recommend denying the variance request, it is recommended that the Planning Commission adopt the following motion and attached Findings of Fact and Decision: “The Chanhassen Board of Appeals and Adjustments recommends that the City Council deny the variance request to place the pump line, tanks, mound, and dispersal area within the 50-foot bluff setback area and 20-foot bluff impact zone and deny the 10-foot property line setback variance for the mound and dispersal area, and adopt the attached Findings of Fact and Decision.” ATTACHMENTS 1. Findings of Fact and Recommendation Approval 2. Findings of Fact and Recommendation Denial 3. Development Review Application 4. Narrative 5. Certificate of Survey 6. Miscellaneous Septic Documents 7. Engineering Memo 8. Environmental Resources Coordinator Memo 9. Public Hearing Notice and Affidavit of Mailing G:\PLAN\2020 Planning Cases\20-07 565 Lakota Lane VAR\Staff Report-565 Lakota Lane_PC.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION (APPROVAL) IN RE: The application of Francisco and Heather Lynn Silva for the installation of a septic system within the required bluff setback, impact zone, and front setback on a property zoned A2 - Planning Case 2020-07. On June 2, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 1, Bluffview Addition 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city’s bluff protection ordinance is to ensure that vegetation and soils located near and on bluffs are not distributed in a manner that has the potential to create erosive conditions or otherwise negatively impact the bluff. The configuration of the property and location of the existing home make it impossible to place a septic system on the property outside of the required bluff setback. The applicant has proposed a placement as far as possible from the top of the bluff in order to minimize the impact on the bluff impact zone. Staff believes that the proposed location will have a minimal impact on the integrity of the bluff. The city also requires septic systems to be setback from property lines and road right of ways in order to minimize the potential for these systems to negatively impact adjacent property owners or interfere with the installation of utilities or other features commonly found in right of ways. In this case, the Engineering Department believes that the rockbed 2 can be located within the right-of-way without interfering with the function of the right- of-way. Additionally, by granting a variance to the property line setbacks, the required bluff setback variance is minimized and the septic system can be placed further away from the top of the bluff. Granting a variance to allow a single-family home with no ability to hook up to municipal utilities to install a septic system is consistent with the comprehensive plan, and the proposed variance is in harmony with the intent of the zoning code. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: Due to the existence of bluffs on the property, the dimensions of the property, the placement of the house, nature of the contours, and characteristics of the soil, the septic system must be placed in the northwest corner of the property. This placement requires variances from the bluff setbacks, impact zone, and property line setbacks. City sewer and water will not be available for the property in the near future and a functioning septic system is required to have reasonable use of the property c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The lot is a non-conforming lot of record that was created before the existing district standards, bluff protection, and septic system ordinances were created. e. The variance, if granted, will not alter the essential character of the locality. Finding: Many components of the septic system would be located below grade and would not be expected to have any visual impact on the neighborhood. While the proposal will likely require the removal of several trees within the city’s right-of-way, almost half of the other homes along Lakota Lane are easily visible from the road and this would not represent a departure from neighborhood standards. The surrounding residential properties are also located on large lots and are served by septic systems. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2020-07, dated June 2, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. 3 RECOMMENDATION “The Chanhassen Board of Appeals and Adjustments recommends that the City Council approves the placement of the pump line within the 50-foot bluff setback area and the 20-foot bluff impact zone, a 30-foot bluff setback variance for the tanks and a 20-foot bluff and 9-foot property line setback variance for the mound and dispersal area, subject to the conditions of approval: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent off-site erosion. 3. The septic system must be located as proposed in the survey and design received by the city on May 1, 2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the city for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. ADOPTED by the Chanhassen Planning Commission this 2nd day of June, 2020. CITY OF CHANHASSEN BY: Steve Weick, Chairman 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2020-07 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves a variance allowing the placement of the pump line, tanks, mound, and dispersal area within the 50-foot bluff setback area and 20-foot bluff impact zone and a 10-foot property line setback variance for the mound and dispersal area. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 1, Bluffview Addition. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent off-site erosion. 3. The septic system must be located as proposed in the survey and design received by the city on May 1, 2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the city for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 2 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: June 22, 2020 CITY OF CHANHASSEN BY: (SEAL) Elise Ryan, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020 by Elise Ryan, Mayor, and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard Mailing Address—P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300/ Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date I ( ( aL PC Date 4 I a DG' CC Date Id I /4C)60-Day Review Date L /3c,./ Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 Conditional Use Permit (CUP) Create over 3 lots ( lots) $ 600 +15 per lot Single-Family Residence 325 Metes & Bounds (2 lots) 300 All Others 425 Consolidate Lots 150 71Interim Use Permit (IUP) r] Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 17) Final Plat 700 All Others 425 Includes $450 escrow for attorney costs)* Additional escrow may be required for other applications through the development contract Rezoning (REZ) Planned Unit Development (PUD) 750 Vacation of Easements/Right-of-way(VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 Q Variance (VAR). 200 Sign Plan Review 150 Wetland Alteration Permit (WAP) Site Plan Review (SPR) LI Single-Family Residence 150 Administrative 100 All Others 275 Commercial/industrial Districts' 500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of ex: gemployees Zoning Ordinance Amendment (ZOA) 500 Include number of new employees Residential Districts 500 ligJ : When ngdtlpleapplications are processed concurrently, Plus $5 per dwelling unit (units) the appeoprlaletire*d be charged for each application. Q Notification Sign (City to install and remove) 200 Q Property Owners'List within 500' (City to generate after pre-apphcation meeting)3 per address 11 addresses) Escrow for Recording Documents (check all that apply)50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement El Vacation Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds TOTAL FEE: SSD I Section 2: Required Information Description of Proposal: Property Address or Location: 565 LAKOTA LANE 251300010 BLUFFVIEW ADDITION LOT 001Parcel#:Legal Description: Total Acreage: 2 57 Wetlands Present? Yes ® No Present Zoning: Agricultural Estate District (A2) Requested Zoning: Agricultural Estate District (A2) Present Land Use Designation: Residential Low Der Requested Land Use Designation: Residential Low Densi Existing Use of Property: SINGLE FAMILY RESIDENCE Check box if separate narrative is attached. Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval. subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to. and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: FRANCISCO SILVA Contact: FRANCISCO SILVA Address: 565 LAKOTA LN Phone: 952-484-9366 City/State/Zip: CHASKA, MN, 55318 Cell: Email: C CO.SILVA3@GMAIL.COM Fax: Signature: Date: 04/20/2020 This application must co .le in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: 0 Property Owner Via: 0 Email 0 Mailed Paper Copy Name: HEATHER SILVA Applicant Via: Email Mailed Paper Copy Address: 565 LAKOTA LANE Engineer Via: Email Mailed Paper Copy City/State/Zip:CHASKA, MN,55318 0 Other* Via: 0 Email Mailed Paper Copy Email: HEATHER.LYNN SILVA@GMAILCOM INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select ,ti .to save a copy to your device. and deliver to city along with required documents and payment. SUE. to send a digital copy to the city for processing.SAVE FORA PRINT FORM sugar FORM 04/2o12020 City of Chanhassen Community Development Department Planning Division 7700 Market Boulevard Chanhassen, MN 55317 Dear Mackenzie Walters (or to Whom it may concern), We are writing to formally request a variance for our septic system at 565 Lakota Lane. We have been informed that we could not install a septic at the lower end of our bluff and that the only approved location (Approved by Eric Tessman (City of Chanhassen Engineer)) is in the north western corner of our property. However, given the location, we will need a variance in order to proceed. Along with this letter is the Completed variance application along with the requested documentation per the checklist we found inline. Please advise if there is anymore information you may need from us. Thank you for your time. Best Regardl Francisco and Heather Silva CI-'V 3F CHANHASSEN RECEIVED tviAY 01 2020 CHAiihiASSEN PLANIIING DEI Bohn Well Drilling Co 952-445-4809 Fax: 952<45-1439/ www.bohnwell.com 18190 Dairy Lane, ste 101, Jordan, MN 55352 dr lr, Your One Stop Contractor g.. Gornpq^ Dis It -1b Drill It Drain It Percolation Tests, Soil Borings & Septic System Design c6844 41812020Joey Menden Completion DateCreated By Prepared F!r:Francisco and Heatier Silva Attention Francisco and Heather Silva Mail'ng Addrgs:565 Lakota Lane Chaska, MN 55318 Phone #"s Work His Mobile:952-4A4-9366 Fax Site Location Information Homeowners;Francisco and Heather Silva Site Address 565 Lakota Lane Chaska, MN 55318 County Township 8n Chanhassen Tom$rip # 116I{ RangE *Section # 36 Design must be paid for, by whom it was prepared for, prior to releasing it to any contrdctor to bid or any city, Town*rip or County office for permitting. We reserve the right to hold design until payment has been received. CIIY OF CHANHASSEN RECEIVED MAY 01 2020 CHAJ'IHASSEN PLAI'INING DEPI \ Personal License # lBusiness License # 1043 Her Mobile 612-418-5044 Carver Bohn WeIl Drilling Co. 18190 Dairy Lane, Ste 101, Jordan, MN 55352 952-445-4809 ax:952-445-7439 .bohnwell.com Design Info s Dig It Drill It Drain It Your One Stop Contractor Items Included in Design Packet 1. SepticSystem Design A. Design cover Sheet B. SepUc Design Drawing C. Design Summary worksheets D. Mound Design Worksheet E. Pressure Distibution Worksheet F. Pump Selection Worksheet G. Pump Tank Sizing and Float Setting Worksheet H. Altemate Septic Site DrawingI. Soil boring worksheets 2. Septic System Management Plan 3. Special info: The washed sand in the mound must etend to the toe of all the dikes. This includes the toe of the upslope dike, endslope dike and downslope dike. Not just to the absorption area. 4--f,oac o ! 'o ,9 (3 , I t I ar-" -i-- \- <JI \ u-r-\-t;\'l_ \ \ \ I ! l0!6.6'r \*$ ( \ ( \ r9s-t: I It I \ \ I \ \ \ \ t d\ d $.. ( I I i @ I \-!\"fj \ \ \\V I \\ l I I I \ t '.t\ \ \,2?" t ?ltr\\\ q\\1 \\, I \t I (-"*^) I T + i^bi ,l tr I ATt dn l kl I I I I ,[4 lr d^b\'iii { i 1I I I I I l)I \),t E* I r' t /* l2 I ( I t: PI?NEERoqgto*'i',s; r* 2(aEGILrt- f,:(aillOl.lrla,a&l{car.xri5r, I*(6'D..rr{ra Lot 1 a.r,FFtE[ A00flto{ occddirg to $. r!co.d.d pht thaofCE€' County, Lhnc.oto Lb.* 545 td(do [rB Clro*r, l&.eto Certificate of Survey for: Francisco and Heather Silva Sr..t 2 of 2 ( l I I \ \ t5 Et tH i Ir.E I I I i l T (- + r'il-4-\*\ )-.U:,t-t1-1\\\ tl I I aArd It l1 l1 I I I I I I I ! I I I ( I 934.5 934.7 937.7 939.2 930.40 928.60 928.30 928.00 Septic Design Key for Survey Details floor elevation Existing grade at rock bed op of rock bed Top of mound 4" pipe out of house lnvert f1 Septic Tank lnvert fl2 Septic Tank lnvert f3 PumpTank L750 1O0O gallons 10OO gallons Gallons 925.00 lnvert of pump Total feet of head19.40 Elevations Design Summary Page E MI N }IESOT POLLUIIONIII coNTroracENcY 1. PROJECT INFORMATION v U.07.2019 Francisco & Heather Silva Project lD: Date: Phone: 251300010 565 Lakota Ln Chanhassen, MN 55318 ut08t20 2. DESIGN FLOW & WASTE STRENGTH Attach dato I etti,tnte bosis for other Establistnpots Design Ftow: BOD: Treatment Levet: 600 Residential c mg/L Sele.t Treotrnent Leyel C tor rctideotiol teptic tdnk eftluefit mg/L T55: GPD Anticipated Waste Type: mg/L Oi[ &. Grease: 3. HOLDING TANK SIZING Minimum Capacity: Residentiat =400 gal/Hroom, Other Estabtishment = Design Row x 5.0, Minimum size 1000 gallons Cde llinimum Holding Tank Capacity: Recommended Holding Tank Capacity: Type of High Level Alarm: Comments: Galtons in Galtons in Tank or Compartments Tanks or Compartments (set @ 75% tank capacity) 4. SEPTIC TANK SIZING A. Residentialdwellings: Number of Bedrooms (Residentiat): Code llinimum Septic Tank Capacity: Recommet ed Septic Tank Capacity: 2250 2250 No 4 7 GPD x Tanks or Compartments anks or Compartments Efftuent Screen & Atarm (Y/N): Days Hyd. Retention Time Efftuent Screen & Atarm (Y/N): Gallons in Gattons in lrtodet/Type Gallons In Gatlons ln lrtodet/Type: B. OtherEstabtishments: waste received by: Code llinimum Septic Tank Capacity: Recommended Septic Tank Capacity: Tank or CompartmenG Tank or Compartments 5. PUMP TANX SIZING 1000 Gal Gat ft gal Gat Gat ft Gal 1000 29.0 19.4 2.m 100.0 Pump 1 GPM Totat Head Pump 2 GPM Total Head Suppty Pipe Dia.Suppty Pipe Dia.Dose Vot: Pump Tank 1 Capacity (l inimum): Pump Tank 1 Capacity (Recommended): Pump Tank 2 Capacity (Minimum): Pump Tank 2 Capacity (Recommended): in Dose Vo[: Property Owner/Ctient: Site Address: Email Address: JN l^INXESOTA POLLUTIOXItl coNtPof acENcY 6. SYSTEM AND DISTRIBUTION ryPE Proiect lD: 2513m010 Soi[ Treatment Type: Elevation Eenchmark: MPCA Slatem Type: Type lll/lV Detaits: Mound Distribution Type: Benchmark Location: Distribution l edia: Pressure Distribution-Level 934.5 Garage Ftoor Type lll Rock Fitted soit under mound area. ft 7, SITE EVALUATION SUAA'{ARY: Describe Limiting Condition:Redoximorphic Features/Saturated Soils Layers with >35% Rock Fragments? (yes/no)No lf yes, describe below: % rock and layer thickness, amount of soit credit and any additional information for addressing the rock fragments in this design. N ote: Depth Depth Elevation Limiting Condition: Minimum Req d Separation: Code lrlax System Depth: 12 inches 1.0 ft ft 36 inches 3.0 ft Etevation Critical for system cornpliance l'lound inches -7.0 ft 2.O ft _------TttF-E-S3-ltl?fiEjqqll-d-eP!l-tg-th€ botto.n of tlle distributin medla. tlegative Deptn (ft) means it must be a mqrM. Soil Texture: Soil Hyd. Loading Rate: Contour Loading Rate: l easured Land Stope: Comments: Loam 0.60 GPD/ft2 Percotation Rate:I 12 Note: Note: 8. SOIL TREATAAENT AREA DESIGN SUM"TARY Trench: Dispersat Area Total Lineat Feet Contour Loading Rate Sidewatl Depth No. of Trench6 Min. Length Trench Width Code ldax. Trench Depth Designed Trench Depth ft2 ft ft ln ft in inft Bed: Dispersat Area Bed Width ft2 Sidewalt Depth Bed Length ln Maximum Bed Depth Designed Bed Depth tn ft ft tn Mound: Dispesal Area Absorption Width Upstope Berm Width Totat System Length 500.0 20.o 10.8 78.5 ft2 Bed Length ft Ctean Sand Lift ft Downslope Berm ft s)rstem Width 50.0 7.O 15.2 36.0 Bed Width Berm Width (0-1%) Endstope Berm Mdth Contour Loading 10.0 14.3 ft ft ft ft ft ft ft gat/ft12.0 Design Summary Page Or:s,rr m MINXESO'A PO L LUTI ON CO NTRO L AGENCY Pro lD: #REF! ft gal/ft ft Bed Length Upstope Berm Sptem Length ft ft ft Finished Height Downslope Berm System Width ft ft ft At-Grade: Bed Width Endstope Berm Contour Loading Level & Equal Pressure Distribution No. of Laterals Lateral Diameter Perforation Spacing Min Dose Volume ft Perforation Diamet ln 1.50 ln 63 gat Max Dose Votume 150 gat 3 3 7132. Non-Level and ual Pressure Distribution Lateral 1 Lateral 2 Laterat 3 Lateral 4 Lateral 5 Lateral 6 l inimum Dose Votume gat aximum Dose Votume gat Elevation (ft) Pipe Size (in) Pipe Votume (gat/ft) Pipe Length (ft) Perf Size (in ) Spacing (ft) Spacing (in) IIIIIIIIIIIIIIIIIIIIIIIrIIIIIII IIII 9. Additional lnfo for At-Risk, HSWor Type lV Design A. Starting BOD Concentration = Design Ftow X Starting BOD (mg/L) X 8.35 + 1,000,0m B. Target BOD Concentration = Design Flow X Target BOD (mg/L) X 8.35 + 1,000,000 tbs./day/ft2ft2gpd x 8.35 + 1,(n0,000 + lbs. BOD/day C. Organic Loading to Soil Treatment Area: tbs. BOD/day mg/L X ' lust Meet or Exceed Target 'Required for Levets A & B gpd x PreTreatment Technology: Disinfection Technotogy: cpd x mg/L X 8.35 + 1,000,00 = mg/lX 8.35 * 1,000,00 = Lbs. 8OD To Be Removed: 10. Comments6pecial Design Considerations: Lift pump witt be instatted in basement to keep tank shaltower in yard. Joey l'{end€n c6844 9 -8-Ju)\Lru- I hereby certify that I have compteted this work in accordance with att appticabte ordinances, rutes and [aws. (License #)(Date)(Designer)(Signature) - Design Summary Page O.rs!r. Design Summary Page - TTINXESOTAPOLI.UIIONIlf coNTRoLAGExcY Pro lD: #REF! Level & Equal Pressure Distribution No. of Laterats Laterat Diameter Perforation Spacing Min Dose Volume ft Perforation Di ln 1.50 ln 63 gat Max Dose Volume 150 gat 3 3 7 t32 Non-Level and Pressure Distribution tateral 1 laterat 2 Laterat 3 Lateral 4 Lateral 5 Lateral 6 Minimum Dose Votume gat llaximtsn Dose Volume gat Spacing (in) Elevation (ft) Pipe Size (in) Pipe Volurne (gaUft) Pipe Length (ft) Perf Size (in) Spacing (ft) IIIII IIIIIIIIIIIIIIIIIIIIIIIITIITI I 9. Additional lnfo for At-Risk, HSW or Type lV Deslgn A. Starting BOD Concentration = Design Flow X Starting BOD (mg/L) X 8.35 + 1,000,000 B. Target BOD Concentration = Design Flow X Target BOD (mg/L) x 8.35 + 1,000,000 tbs. /day/ft2ft2gpd x 8.35 i 1,000,000 + tbs. BOD/day tbs. BOD/day mq/L X 'Must Meet or Exceed Target 'Required for Levels A & B PreTreatment Technology: Disinf ection Technology: cpd x mg/L X 8.35 + 1,000,0O = cpd x mg/L X 8.35 + '1,000,0O = uc. BOD To Be Removed: 10. Comments/Special Design Consideratlons: Joey Menden c6444 I hereby certify that I have completed this work in accordance with atl appticable ordinances, rules and taws. (Signature)(License #)(Date)(Designer) Bed Bed Finished Contour Loading Upstope Downslope Berm Endslope Berm System System C. Organic Loading to Soi[ Treatment Area: Lift pump witt be instatted in basement to keep tank shallower in yard. -l rrt x { Esota PollurtoNIll coNrroL GENcY 1. SYSTET,T STZ|NG:Proiect lD: 251300010 v 04.02.2019 A. Design Row: B. Soit Loading Rate: C, Depth to Limiting Condition D. Percent Land Slope: E. Design l edia Loading Rate: F. ,rlound Absorption Ratio: 600 GPD TABLE lXa G PD ft2 LOAOII{G RATES FOR OETERTTNITIG EOTTOA.I ABSORPTION AREA AND ABSORPTION RATIOS USING PERCOLATIOX 1EST5 '1.0 ft %{xrr) 1.2 GPD/ft2 ;0rro5 16lo 30 i6 ro@ 'S)rstems with these yalues are not Type I r!6tems. Contour Loading Rate (tinear loading rate) is a recommended value. T...!m.d t El A, a-2, B, (!,drn'l ilt {rnarfl 1 1 1 1.6 1.6I 2 0.780.6 0_6 oa5 6r lo120 >120 2.00 TTOUNO CONTOUR LOADIXG RATEs: OR TexturE - dsrired mo(,|d abJorptixr r.0, 1.3. 2.0. 2.4,2.6 5.OOR >5.0' @@@@ HEEEE 2. DISPERSAL IIEDIA SIZING A. Catcutate Dispersal. Bed Area: Design Row r Design itedia Loading Rate = ftr 6N GPD +1.2 GPD/ft2 =500 ft2 lf a targer disp€rsat media area is desired, enter size:ft2 B. Enter Dispersat Bed Width:10.0 ft Can Nt exceed 10 feet C. Catcutate Contour Loading Rate: Bed Width X Design lvtedia Loading Rate 10 ft2 x GPD/ft2 =12.0 gat/ft Can not exceed Toble 1 D. Calcutate Minimum Dispersal Bed Length: Disp€rsat Bed Area i Bed Width = Bed Length 500 ft2 +10.0 ft=50.0 ft 3. ABSORPTION AREA SIZING A, Calcutate Absorption Width: Bed Width X lrtound Absorption Ratio = Absorption width 10.0 ftx 7.O 20.0 fr B. For slopes >1%, the Absorption width is measured downhitl from the upstope edge of the Bed. Catculate Downslope Absorption Width: Absorptlon Width - Bed Width 20.0 ft 10.0 ft=10.0 ft 4. DISTRIBUTION MEDIA: ROCK Proiect ID:#REF! A. Rock Depth Betow Distribution Pipe 9 0.75 Mound Design Worksheet >1% Stope 2.0 1 1 '1.6 2t I o.zs 26 I o" slos 2 1.5 -;_l H f-T6o I *_l*--l o.re ] 5. DISTRIBUTION l,lEDlA: REGIsTERED TREATI{ENT PRODUCTS: CHAMBERS AND EZFLOW A. Enter Dispersat Ll€dia: B c Enter the Component: Length:ft widrh:ft Depth fr Number of Components per Row = Bed Length divided by Component Length (Round up) ft;ft=comPonents / row components X ft= E. Number of Rows = Bed Mdth divided by Component Width (Round up) ft+ft=rows Adjust width so this is o whole number. F. Totat Number of Components = Number of Components per Row X Number of Rows x components 6. l,lOUND SlZlNG A. Catcutate Minimum Clean Sand Lift: 3 feet minus Depth to Limiting Condition = Clean Sand Lift 3.0 ft 1.0 2.0 ft Design Sand Lift (optionat):ft B. Upstope Height: Ctean Sand Lift + Depth of Media + Depth of Cover cover (l ft.) 2.O ft+1.1 ft+1.5 ft=4.6 ft Land Slope %0 1 2 3 4 5 6 7 8 9 10 11 L2 Upslope Berm Ratio 3:1 3.OO 2.83 2.75 2.68 2.67 2.54 2.44 2.42 2.36 2.31 2.26 z.2r 4:7 4.OO 3.85 3.70 3.57 3.45 3.33 3.23 3.12 3.O3 2.94 2.46 2.74 2-70 C. Setect Upslope Berm lrtuttiptier (based on tand stope):2.38 D. Catcutate Upstope Berm Mdth: Multiptier X Upstope Mound Height = Upstope B€rm Width 2.38 ftx 4.6 ft=ft E. Catcutate Drop in Etevation Under Bed: Bed Width X tand 5tope r 100 = Drop (ft) 10.0 ftx 7.0 X t 100= F. Calculate Downslope ]rlound Height: Upstope Height + Drop in Etevation = Downstope Height ft+ft=ft4.6 0.20 4.8 Land Slope %0 7 2 3 4 5 6 7 9 10 11 12 Downslope Berm Ratio 3.OO 3.09 3.19 3.30 3.47 3.53 3.66 3.80 3.95 4.11 4.29 4.48 4-69 4:7 4.O0 4.77 4.35 4.54 4.76 5.OO 5.56 5.88 6.25 6.67 7.69 G. Select Downstope Berm ,r{uttiplier (based on tand stop€): 3.19 x 4.8 ft=15.2 fr l. Catcutate Minimum Berm to Cover Absorption Area: Downslope 45r561p1ion Width + 4 feet 10.0 ft+ft= ft 14.0 ft J. Design Downslope Berm = greater of 4H and 4l: K. Setect Endstope Berm Multiptier: 15.2 3.00 (usuolly 3.0 or 4.0) L- Catcutate Endslope Berm X Downstope [{ound Height = Endstope Berm Wdth 1.00 ft ft=14.3 ft ,{. Catcutate lilound Width: Upstope Berm Width + B€d Width + Domstope Berm Mdth 10,8 ft+10.0 ft+15.?ft=36.0 ft ft N. Catculate ,\ ound Length: EnGtope Berm Mdth + Bed l€ngth + Endstope Eerm Mdth 14.3 s0.0 14.3 78.5 0.20 4 ft+ft+ft= Check registered prduct intormoti on f ot qeci f ic owlicotion details and design D. Actuat Bed Length = Number of Components/row X Component Length: ft= H. Calculate Downstope Berm Mdth: ,r{uttiplier X Downslope Height = Downstope Berm Mdth 2.9L 10.8 3:1 5.26 7 _14 3.19 7. MOUND DIMENSIONS Project lD:#REF! =s c. ! ='g =o =(E P 4" inspection pipe 18' cover on top 15.2 berm 4.D berm 4.J 10.8 12' cover on sides (6" topsoit) Depth to Linriting t1 .C) 1.0Limiting C ondition ion Mdth (3.A Note: For 0 to 1[ stopes, Absorption |$dth is rom the ,edequatty in both directions. For slopes >1%, Absorption Wdth is measured downhitl from the upstope edge of the Bed. Comments: Upstope (4.D) 4.1) 't0.8 4.L 15[2 Downslope (4.J) 't0.0 50.0 11-l Dispersal Bed: (2.8 x 2.C)EC ,O c(o() u 78.5Total Mound Len th 4.N r 2.0Ctean sand tift (4.A) I 20.0 I I I x I Otrstr€Pressure Distribution Design Worksheet IN MT X X ESOI POLLUIIONlIf coNTRoL AGExcY Proiect lD: 251300010 v 04.02.2019 1 . Media Bed Width:10 ft 2. ^linimum Number of Laterats in system/zone = Rounded up number of [(Media Bed Width - 4) + 3] + 1. taterals Does r'p.t ody to dt-grdes laterals 10 -4);31 +1=t( 3. Designer Setected Number of Loterols: Cannot be less than line 2 (ExceDt in ot-erades) 4. Select Perforotion Spocing i 5. Selert Perforation Diometer Size: 6. Length of Laterals = Media Bed Length - 2 Feet. 50.0 ft Perforation can not be closer then 1 foot frorn edge. 7 /37 fr in 2lt 48.0 3.0 16ftft Spaces 8. Number of Perforotlons per Loferol is equa[ to 1.0 ptus the Numb€r of Perforation 'pdlces. Check tabte betow to veriry the number of perforations p€r lateral guarantees less than a 10* discharge variation. The vatue is double with a center manifo{d. Number of Perforation Spaces = Perlorotions Per Lnterol =Spaces + 1 =Perfs. Per Laterat 9. Totol Number of Pertorotions equats the Number of Perforotions per Laterol multiptied by the Number of Perforoted Loterols. 16 17 Seled. Type of lAanifold Connection (End or Center): klect Lateral Diameter (See Table) i 17 Perf. Per Lat, X Number of Perf. Lat. = Spacing of laterats; ,trtust be greater than 1 foot and no more than 3 feet: 51 Totat Numb€r of Perf. 3.0 ft'10. 10. 11. End 1.50 in 3 3 lladlln lhder d Peria"*iru Per L*ml b ferrilre <!0l Bdrarge Vuirtim r/. lnch Prfc-etins 742 hch Perfontiors P€r{orrti}n Spad4 (F€€t}Pipe Ohneter tlmhes)Per{c".thn $,xirT {Fee{ Pipe Di.r?ter {erdre:) I Itt l I tL th ?l 1 t0 t!'It l0 60 I lr t6 7t 31 6t Iri E r2 5.1 2ti r0 l.l l2 6,r 3 E l2 l6 25 t2 3 9 t{t9 30 !1'16lrrh Prfrrlixr,l/E lrrh Perfontixr Perfor-atim Soxiq {Fe€t} Pir 0iame{r (kxfc;)tudorrtkxr lord'E {ree0 Pip€ tI.nEt€r (ltxh.6) I tv.lli l I lu 'tl1 2 l 2 l2 IE 16 46 E7 2 2l 3l 71 t49 211 24 .{)2;t 30 {t 69 t35 l t?t6 ?2 37 75 3 20 29 l8 61 lzE 3 7. Determine the Number of Perforotion Spaces. Divide the Length of Loterols W the Pertoration Spacing and round down to the nearest whole number, 3.00 48.0 tl{ t6 l0 60 1 44 l7 l7 80 20 Or.s'r.Pressure Distribution Design Worksheet rn Mtx NEsoTl PoLt-ut lo xlll coNTRoLlGExcY Uquid Per Foot (Gallom) o.045 o.07a o.t'to o.170 o.3 ao .661 12. Catcutate the Sqwre Feet per Pertorotion. Recommended volue is 4-11 ftz per perforotion. Does not awly to At4rodes 6. kd Area = Bed Width (ft) X Bed Length {ft) 10 ft X 50 ft 500 ft2 b, Squore Fot per Perforation = M Areo dMded by the Total Number of Perforotions . 500 ft2 51 perforations =9.8 ft2 /perforations 13. Select llinimum Averoge Heod:1.0 ft 14. 15. Seleft Perforotion Discharge (GPt{} based on Tabte:0.56 GPi per Perforation Determine required FIow Rote by muttiptying the lotal Number of Perfs. by the Perforation Dtscharge. 51 Perfs X GPM per Perforation =29 GPM Gatlons/ft16. Volume of Liquid Per Foot of Distrik)tion Piping (Table lt) :0.110 17. Volume of Distribution Piping = = lMumber of Pe4oroted Loterals X Length of Loterols X (Vottrme of Liquid Per Foot of Distribution PipirEl X 48 ftx 0.110 gal/ft 15.8 Gallons 18. Minimum Detivered Votume = Volume of Distribution Piping X 4 15.8 gats X 4 =63.4 Gattons .5 2 3 I pfe fron prr,rp outt oI from I altarnae lo(.tin Comments/Special Design Considerations: Volume of Liquid in Diameter (inches) 1.25 0.56 K Basic Pump Setection Design Worksheet rE Mlxr{l30l-r}olfurroxlIt coxtroL^c.xcY 1. PUIAP CAPACTTY P(oject lD: 25130010 v 0.1.0?.2019 Pae:5ure 1. lf pinping to gravity eote. the gatloi pe, mi.ute of th€ pmp: 2. lf prrnping to a pres$Jrized dbtrihJtion system: 3. Enter pump d€idptim:Demand oosing 29.0 GPA,I (10 - aS grn) Pumping to Gravity or Pr6sure Distribution: 2. HEAD REQUIREATENTS Table l.Frlctlon Loss in Plastic 100ft Diameter linchesPiFlow Rate Pr,l)1 1.25 1.5 2 10 12 t4 16 t8 20 25 30 35 4 45 50 55 60 65 70 75 E5 95 3.1 4.3 5.7 7,3 9,1 t 1.1 16.8 23.5 1.3 ,.8 2.4 3.O 3,8 4.6 6.9 9.7 ,2.9 16.5 20.5 0.3 o.4 0.6 o^7 0.9 't. t 1.7 2.4 3.2 4.1 5.0 6,1 7.3 8.6 10.0 11.4 13.0 16.4 zo.1 A- Elevation Difference ft betvreen pump and point of discharge: B. Distrlbution tlead Loss: C. Mditionat Head Loss:0.0 ft ft {aE to !r€d.t .qiFn ti, cr..) Di strib.rilon Head l-o5s Gravity Distribution = Oft Pressure Oistribution based on Minimum Average Head Value on Pressure Dlstrlbutlon \^/orksheet: Minirnum Averaqe Head Distribrttio.r Head Loss 1ft 5ftzft6ft 5ft 1oft D. 1. Sr.ppty Pipe Dia,tEter: 2. tupply Pipe Ler€th:60 ft E. Fridion Loss ln Plartk Pip€ per '10oft from Table l: Friction Lost =ft per t00ft of pipe point. EstlE|ate by addtq 25X to supply pipe t€rBth to. fittirB lo6s. *tfly Pi,E Leryth (D.2) X 1.8 - Eqrivoaent HF LeBth 60 ft x 1.25 75.0 ft G. Catcdate 54ply Frr.tr'd, Lots by multtslrog Frictiot Loss kr ,@lt (Llne E) by the Egsrwfera Pir€ Length (LirE F) ard drn:de by tOO. s{ppty Frlctioo Loss = 7.23 ft per l@ft x 75.0 ft rtm 1_7 ft 5 H. Totol Heod requirernent is the sur ot tE Aerotion Oiflerefte (Line A), the Distribrtbfl nead Lo65 (Li E B), ldditiorEt Head L6s (LiDe C), and the Sippty F.iction Loss (Line 6 ) 5.0 0.0 1.7 19.4ft+ft ftft 3. PUI4P SEt_ECflOr{ A pump 'Ill,3t be setected to detiver at teart 29 .O Gf,r,t (LiE I or LiiE 2) with at terst 19 .4 feet oa total head. 9.1 12.4 17.O 21,A 12.7 2.0 12.7 Comrnents: ffi m L|ltrtora rot lrrTtox DETER'AII{E TANK CAPACTTY AND OI'TENSIONS Proie<t lD: 25r3000lo v&.m.2019 A- Dgljgn Flod (Bgn s,rn.ta). B. ,{in. .eqrired Frr? ia* r.9.cit),: C. Tan& Use:Doring D. R€<orErEflded pump tar* cagactty:10,0O 6atr000 2. A- Tank l,lanutacturer:B- Tank r'lodel: GallorE GatlqB per inah lidE C- Cipacity frdn iianufactuaer: O. GaI66 F iich frcrn manufacurer: E. Liqrid depth of tad( trdn ,t!ar rrlwlr: 1085 77.8 t6-0 DETERIUNE DOSIXG VOLUIIE 3 Catcrlate VoAaa !o Coreart l'1 olE i{et o, the Frrrp rn6t he at te.i rt.Lrah6 frsn th€ botloln d dE Frrp t * 6 2 irdl6 oa kt€r co.lriB dle Brrp b recdtrtlllded) (Arrp ard ttod( hetht + 2 lrdE ) XGdaonrF r rrrdr CIC a 3E) (1zl in + 2 inches) X 45 Galton! Llit imr/,, o€tlrcr.d yolsne . ,{ X VoturrE of oistrihtion PipirB: -lten 18 ol tt,€ Prcl!,)r2 Drttalhrtlon or ttem 1t ol tb,,-leyel 5 CalclJ,.ate *lExir m, hrrpo{tt yoftrna (25: of oesign Ftor) (l,tifiirnurn dose)inches/dose Desigo Ro ;600 GPD x 0.25 150 Gallons (llaximum doie)inche5/dose 27.8 6 *leca o pnwn,.ohrtlp afu ,,.c8 ,pth ,,i,,fJl,a,,n drd ,btdm: 7 C,,.olalr tu kr by . Hgn Ftow I D"{rE €d yol@l. 100 6atlons ffi gpd +1m gat =6.00 DoJes E Calqrlate tr.hbdc L ofr/,.wqst,p,.yw- 8. trqrh o{ 9Aty PiPe . C. Volu,E ol Lrq,//d kr Lttlllll tut ol npe = 60 hdl6 feet D. Drotutuk = L.ngth ol Supqly Plpe X yoL re of Llqnd Pe. Lln€{Il F@t ol firy 60 ftx gat/ft = 9. Totot bsing volurrc - Dellftred yohfip ptus Droinboct 1m gat +r0.2 gat =110 Galtons 't0- ,linirrro Alarm VolunE = Depth ot atarm (2 or 3 i.dEs) X gaUorls per inch od tanl inx 27-8 ga(/in =81.,{Gallons 2 Pipe Diametcr (i nches) Per Foot (C'alkcns) 1 1 .25 o.o78 o.1 10 2 o.170 3 0.380 4 o.661 o.170 r0.2 l OE'IAND DOSE FLOAT SETTINGS 11. Catcr{ata fl@t s€porotb, oritorae uJirts HrB lbll,rre Toad oortt'8 Yartt rf, lcdlo.6 fur krh ll0 gal i 71.8 gauin =4.O lnches 12. lil€anrirts trorn bottoan of trnk: A. Usaonce ao *a hrrry Or, flooa . Pudp a Ho(k height a 2 i.ch€r lnch6fd DGe: ,1.0 in 14 in + 2in =16 lnches 2!.o in 20.O inB. Distonce to *t PufV On n@t-Disto,]te to *t ArWOll Fl@t . float 9?orctlon Dishace 16 tn+4.O 20 lnches C- Ditt,,lf,e to set Alofin R@t - Asao7,Ee to *a hrnpon fldr + Iorr, [tpai (2-3 inches) 20 1.0 2l t3.4 Cnl r10 Gal in+lnth6 Aarm Depth ftrrp Or Purp Off 15.O in Pump Tank Design Worksheet (Demand Dose) 1. wLP 1000 tloa.: ksign colcdotion are bo*d on this sptcilic tonk. stfrstitutiDg a diflerent tank ndel will chonge tl'€ p,rmp ,lo6t or ainer s.ttingt. Co,rtaca desill'l.r it (jnn',ges are Per lnch 5.4 Volume of Liquid in Pipe o.045 1.5 0.170 lt *t lT-lil co (, 0,, (, (!,o. oo o F.o o o o) f o- EI #oclo oo. FcI e a) -do o o E n 'tr a, ! z - I q, .o .E OJEo (o q, -o 'cL o (o E .o o 1f E ar- ro = o alt z. =i{, c E cJ o J \o i,o co !? J u :< o!, d co q, o.oo o oU9 = ao:< v f o. 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F o a 0,oo c o o oc -o 'tr E .rt(r!o = l (, o E !o = o z. =c E E cJ o .J oo co o Ec =o!od co Io. 6 o o a, o: c:,e E {, a) '5 9o 'tr 2 a€gu lL I a,F o oo oc !c,o q, E Eo a;! -goc.6 g e ID co .Ep o -9-o o o.o.6 @ E '= ID c @Eoo q, .E oi IE oo -!Po- Eo o (!E oE eto oo o.c, J € o, o ) o.Yoat F E c : (,E o-d o c E bE E o tr I tr E .? =tr F EI BI tr ll a5 tr z o tr .>o-a 4 I E(, E c o. =o II 8Fo E tr in I B E] p P D E E D aco a,-cll ot6oo- oc! 1Jcs o tu Q, ,o o EF co 6 o o a, = Eo.t. cI oJ co to ,.oo c .c {,o c. o E o ac * E I !c a E oE'c d o d, It &. o \o ae E IEc l o.l q o o oo6 e a, .L o0o co IU t-ovllto oarl i_ i!;5E}L;O o., F !! o F.o o a, = f E ID!c(, =oo.' o UNrveRsrrv or MrNxrsore Septic System Management PIan for Above Grade Systems The goal of a septic system is to protect human health and the environment by properly trearing wastewater before retuming it to the environment. Your septic system is designed to kill harmful organisms and rcmove pollutants before the water is recycled back inlo our lakes, streams and groundwater. This management plan will identiry the operation and maintenance activilies necessary to ensure long- lerm performance of your septic system. Some of these activities must be performed by you, the homeowner. Other tasks must be performed by a licensed septic maintainer or service pmvider- However, it is YOUR rcsponsibility to make sure all tasks get accomplished in a timely manner. The University of Minnesota's Seplic System Owner's Guide contains additional tip6 and recommendations designed to extend the effecrive life ofyour syslem and save you money over time. Pruper septic system design, inslallotion, operotion and mairrlenance means safe and cleon wole Property owner Francisco & Heather Silva Property Address 565 Lakota Ln Chanhassen, MN Property ID 251300010 System Designer Gary Bohn License # 949 System lnstaller Bohn Well Drilling Co.License # 1(X3 Service Provider/Maintainer Boho Well Drilling Co.Phone 952{45'4809 Permitting Authority City Of Chanhassen Phone 952-227-'1300 Permit #Date Inspected Keep this Management PIan with your Seplic Syslem Owner's Guide. The Seplic Syslem Ou'ner's Guide includes a folder designed to hold maintenance records including pumping, inspection and evaluation rcports. Ask your septic professional to also: . Attach permit information, designer drawings and as-builts ofyour system, ifthey are available. . Kecp copies ofall pumping records and other maintenance and rcpair invoices with this document . Review this document with your maintenance professional at each visit; discuss any changes in product use, activities or water-use appliances. For a copy ofthe Seplic System Owner's Guide, qll l-80G87G8636 or go to http://shoP.extension.umn.edu/ 10/09 http ://septic.umn. edu I UNrveRstrv on MrNxnsorn Septic System Monogement Plan for Above Grade Systems Your Septic System Soil Treatment Areg Mound/Ar-Grade area (length x width): 78'5 ft x 36'5 ff Rock bed size (lenglh x width): 50 ft x r0 ft g Cleanouts or Inspection Porls g Surface Water Diversions Septic System Specifics system Type: @ t OtI O III OIvr O vi (Based on MN Rules Chapter 7080.2200 - 2400) o System is subject to op€rating permit' o System uses UV disinfection unit+ Typc of advanced reament unit _ I Addilional Management Plan required Dwelling Type Well Construction Number of bedrooms: 4 System capacity/ design flow (gpd):6@ Anricipated average daily flow (gpd):600 Comments ln-home business? _ What type? well depth (ft): > lo0 B Cased well Casing depth:> 100' o Other (specify): Distance from septic (ft),'75' Is the well on the design drawi N Septic Tank a 9 Pump Tank (y'one) lffi gallons Pumpcapacity 29 GPM Alarm / visual / audibleo . GouldsE EfTluent Pump rYpe TDH 19.a Feer ofhead One tank Tank volume: _gallons Does tank have two compartments?OY ON Two lanks Tank volume' 25o gallons Tank is constructed Of concreteo Emuenl Scr€en ,)ps: '10/09 a L] t rl - 4r_, :'.:... UtttvBRstry or MrNNnsore Eslem Designer Locol Governmenl: State Requiremenl: Septic Syslem Monagement Plan for Above Grade Systems Homeowner Management Tasks These oryralion and maintenance aclivittes are )nur responsibility. Use the chart on page 6 to lrack your aclivilies- ldentiry the servicc intervals recommended by your system designer and your local govemment. The tank assessment for your syslem will be the shortest interval of these thrce intervals. Your pumper/maintainer will determine ifyour tank needs to be pumped. check every S months check every S months check every 36 months My tank needs to be checked every 36 months Seesonally or sever.l tim€s per yelr a l*aks. Check (listen, look) for leaks in toilets and dripping faucets. Repair leaks promptly. o Swfacing sewage. Regularly check for wet or spong/ soil amund your soil treatment area. If surfaced sewage or strong odors are not corrected by pumping the tank or fixing bmken caps, call your service professional. Untreated sewage may make humans and animals sick- o Alarms. Alarms signal when therc is a problem; contact your maintainer any time the alarm signals. o Lint fher. If you have a lint filter, ctreck for lint buildup and clean when necessary. Consider adding one after washing machine. a EflIuent screen. lf you do not have one, consider having one added the next time the tank is cleaned. Annuelly o Vater usage rale. A water meter can be used to monitor your average daily water use. Compare your water usage rate to the design flow of your system (listed on lhe next page). Contact your septic professional if your average daily flow over the course of a month exceeds 70olo of the design flow for your system. o Caps.Make sure that all caps and lids are intact and in place. Inspect for damaged caps at least every fall. Fix or rcplace damaged caps before winter to help prcvent freezing issues. o lYater conditioning devices- See Page 5 for a list of devices. When possible, pmgram the recharge frequency bced ot water demand (gallont) ralhet lh^n time (days). Recharging too frequently may negatively impact your septic system. a Reeiew your water usoge rare. Review the Water Use Appliance chart on Page 5. Discuss any major changes with your pumper/maintainer. During each visit by a pumper/maintriner o Ask if your pumper/maintainer is licensed in Minnesota- o Make sure that your pumper/maintainer services the tank through the manhole. (NOT though a 4" or 6" diameter inspection pon.) o Ask your pumper/maintainer to accomplish the tasks listed on the Pmfessional Tasks on Page 4. -3- - 10109 UuIvERsIry on'MrNxesorn Septic System Management Plan for Above Grade Systems Professional Management Tasks These are lhe operalion ond mainlenance aclivities lhal a pumper/maintainer performs lo help enswe longlerm performance of yow system- Professionals should refer to the O/M Manual for detailed checHists for lanks, pumps, alarms and olher components. Call 800-322-8642 for more details- o Written rccord provided to homeowner after each visit. PlumbinglSource of Westewater o Review the Water Use Appliance Chart on Page 5 with homeowner. Discuss any changes in water use and lhe impact those changes may have on the septic system. o Review water usage rates (if available) with homeowner. Septic o Tank/Pump Tanks Manhole lid. A riser is recommended if the lid is not accessible from the ground surface. Insulate lhe riser cover for frost protection. Liquid level. Check to make sure the tank is not leaking. The liquid level should be level with the bottom of the oudet pipe. (lfthe water level is below the bonom of the outlet pipe, the tank may not b€ watertight lf the water level is higher than the bottom of the outlet pipe ofthe tanlq the effluent screen may need cleaning, or there may be ponding in the drainfield.) Inspection pipes. Replace damaged caps. Bfiles. Ch*k to make sure they are in place and attached, and that inlet/oudet baffles are clear of buildup or obstructions. Efrluent screen. Check to make sure it is in place; cleon per manufacturer recommendation. Recommend rctrofifted installation ifone is not present. Alarm. Yeify thx the alarm works. Scum and sludge. Measure scum and sludge in each compartment of each septic and pump lank, pump ifneeded. o o o o o o Pump o o o o o Pump and controls. Check to make sure the pump and controls are operating correctly. Pump vaull. Check to make sure it is in place; clean per manufacturer rccommendations. Alarm. Yerify that the alarm work. Drainback. Check to make sure it is operating properly- Event counter or run ,rme. Check to see if there is an event counter or run time log for the pump. If there is one, calculate the water usage rate and compare to the anticipated average daily flow listed on Page 2. Soil Treatment Area o Inspection pirys. Check to make sure they are properly capped. Replace caps that arc damaged. a Surfacing ofeflluent. Check for surfaced emuent or other signs ofproblems- o Lateralfushing- Check lateral distribution; ifcleanouts exist, flush and clean as needed- o Ponding. Check for ponding. Excessive ponding in at-grade and mound beds indicates problems. All other components - inspect ss listed here: -4- 10/09 Ur{rvsnsrrv or MrlrNssorA Septic System Management Plan for Above Grade Systems Appliance Impacts on Syslem Managemellt Tips Garbage disposal . Uses additional water. . Adds solids to the lank- . Finely-ground solids may not settle. Unsettled solids can exit the tank and enter the soil treatmenl area. . Use ofa garbage disposal is not recommended. . Minimize garbage disposal use- Composl iostead. . To prevent solids fmm exiting thc tank, have your tank pump€d more frequently. . Add an eftluent screln to your ta[k. Washing machine . Washing several loads on one day uses a lot ofwater and may overload your system. . Overloading your system may prEvent solids from seltling out in the tank- Unsettled solids ca$ exit the tank aod eoter the soil tealmelt arca. . Choose a liontloader or water-saving top-loader, thcse units use less water than older models. . Limit the addition ofextra solids to your tank by using a liquid or easily biodegradable detergents. . Insall a ling filter afler the washer and an emuent scre€n on your tank. . Wash only full loads. . Limit use ofbleach-based detergents- . Think even - spread your laundry loads lhroughout the week. 2d floor laundry . Thc rapid speed ofwater entering the tank may reduce performance- . Install an emuent scr€en in the scptic tatrk !o prevart the reless€ ofexccssive solids to the soil treatmgnt arca. . Be sure that you hav€ adcquatr tank capeity. Dishwasher . Powde*d and./or high-phosphorus d€teBents c8n negatively impact the performance ofyour tank and soil treatment arca. . New models promote "no scraping". They have a garbage disposal inside. . Use gel dele8ents. Powdered d€t€rgents may add solids to the tank. . Use detergents that are low or no-phosphorus. . Wash only full loads- . Scrape your dishes anyways to keep undig€sted solids out ofyour septic system- Grinder pump (in home) . Fincly-ground solids may not settle. Unsettled solids can exit the tark and eder the soil treatmenl arra. . Expand septic tsnk capacity by a factor of 1.5. . Include pump monitoring in your maintenanc€ schedule to ensure that it is working pmperly. . Add an effluenl sqeen- Large bathtub (whirlpool) . Large volume ofwater may overload your system- . Heavy use ofbath oils and soaps can impact biological activity in your tank and soil trealment area. . Avoid using other water-use appliances at lhe same time. For example, don't wash clothes and take a bath at the same lime. . Use oils, soaps, and clcaners in the bath or shower sparingly. Clean Water Uses Impacts on System Management Tips High-cfficiency fumace . Drip may resslt in fiozen pipes during cold weather- . Re-route water into a sump pump or directly out ofthe tpuse. Do not route furnac€ recharge to your septic system. Water softener Irco filter Reverse osmosis . Salt in recharge water may affect syst€m performance. . Rechargc water may hydraulically ovedoad the system. . These sources produc€ water that is not sewage and should not go into your septic system. . Reroute water tom thcse sourc€s to another outlet, such as a dry well, draintile or old drainfield. . When replacing consider using a demand-based recharge vs. a time-based recharge- . Check valves to ensurE proper op€ration; have unit serviced per manufacturer dircctions Surface drainage Footing drains . Water from theso sources will likely ovedoad the system- -5- 1O,!9 Water-Use Appliances and Equipment in the Home ry UllrvrRslry or MrNNssore Notes: Septic System Managemenl Plan for Above Grade Systems Maintenance Log Ttack maintenance aclivities here for easy reference. See lisl ofmanagemenl tasks on pages 3 and 4 Activity Date accomplishcd Leaks: check for plumbing leaks Soil treatment area check for surfacing Linl filter: check, clean if needed EJIIuent screen: if owner-maintained Chec* onnually: Water usage rate (monitor frequency_) Caps: inspecl replace ifneeded Water use appliances - review use Other: II II Mitigation/conective action plan: 'As tie or're.r of t,ljs ,S.S?S, I urde.stand it is ay .resporsjbtTity to prop,erl.y opetate enct ',aintaintrre seeagre tlertl|ent syste,tr on thTs ptoperty, utilizing the t anagenent plan- If tequiretuents intlris lranaqeEent Pfan are not aet, L -). pto@tly ^otify the petnlttinq auahoricy and takenecessaty corrective actions- I ,rea for fDture use as a soi-l t fI systeltr, I aqtee to adequately protect trre reseflre Date n lling Co.g",1;1""g1on g 1043 i Owner S M Plan Permitti Authori City of Chanhassen -6- 10rc9 Check frequently:--t---l 92009 R€efis of dre Univcsir, ofMinrEsola All righs rcscwcd. The Univcrsity of Minrcoo is on equal opponunity educaror ard dDploycr- This nuictial is availablc in altcnEtivc fonDts ulon ..qEst Cootrct th. wder R.sourc.s ccntd,6l2-62+928i. Th. bnsite s6Eg. Ttlcntcrl PrDgr.rD is &,tvced by the Univ.rsig ofMiffEsota Exreocioo Scrvicc and rh. Univcrsity ofMinncso{. Werr. Rcsowc.r-Crd... Memorandum To: MacKenzie Young-Walters, Associate Planner From: Erik Henricksen, Project Engineer CC: Charles Howley, Public Works Director/City Engineer Eric Tessman, Building Official Date: 5/13/2020 Re: Setback Variance at 565 Lakota Lane – Planning Case #2020-07 The Engineering Department has reviewed the Variance submittal for 565 Lakota Lane. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the developer in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed only for the purpose of determining the feasibility of providing utility, transportation facilities, and right-of-way management for the project in accordance with City Standards. A recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed 565 Lakota Lane setback variance for the installation of an individual sewage treatment system (septic system) can be approved (as it pertains to Engineering and Public Works requirements), provided it fully addresses the comments and conditions contained herein. 3. The applicant is proposing to construct a septic system near the northwest corner of the property located at 565 Lakota Lane due to the lack of public sanitary sewer system in the area. The proposed location chosen is due to the topographic constraints of the site, as a majority of the property is a bluff. The proposed location appears to be the most feasible based on aerial reviews and the need to keep the septic system as far from the bluff as possible. Additionally, the applicant has provided percolation tests, soil borings and appropriate septic system designs showing the feasibility of the area where the proposed septic system is to be constructed. However, due to the design requirements of the above grade septic system coupled with the need to maintain the furthest setback from the bluff as feasibly possible, a portion of the system will have to encroach into public easements. See conditions 1 and 2. Proposed Conditions 1. The property owner shall enter into an Encroachment Agreement with the City for the area of the individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey of the septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 2. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation of tracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of Compliance. MEMORANDUM TO: MacKenzie Young-Walters, Associate Planner FROM: Jill Sinclair, Environmental Resources Specialist DATE: June 2, 2020 SUBJ: 565 Lakota Lane, Variances to construct a septic system Staff supports the request for a variance to construct a septic system in the front yard. This option has the least amount of tree removal and environmental impact on the lot. The rear yard locations, while possibly not requiring variances, would have significant tree removal and potential impact on a bluff area. AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on May 21,2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public hearing to consider a rcquest for setback variances to install a septic system in the Nw corner of property located at 565 Lakots Lane. Zoned Agricultural Estate District (A2), Planning Case File No. 202047 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those app€aring as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. U Kim Meuwissen, Dep u lerk Subscribed and swom to before me thisal6|day of l- o5-,2020. 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F E cioIt- (! oNoN oi 0) a-j (EE ofF 2 co 6) oEoot-t- C) Eoa,o c)oo oI -_o 5=o -=a 3esOcq)(!Eq E8;ai95.o g ;EE^ ah- (! i EEEHfeEi5f$Ftocxl,or.9 o-u SEAEP:b " EfiE.E .6 ..o9ECoo o=OE:oq(J o oo d) -o ID! -o '6 0) =o-o, oHg;' C,Oo,ao)]Esto6vrc 8EE->:'oEgtr(uO SHl.g '= (!E_c-o 6q tsE o,(0 o,c o) d) Ec c)E =c .9 ooE oc c) o Ec G o E c) () ,= IDoo o q.) .9 ct) =luz ui(t,otro iEiEiEEi:iiiiiii iiiiEiEEiiiEiEii ietEsiEsgEigiBiiE I EE a E E E € ,E o ltl() oJ oooo.o o- ii G' 'o t(, CL eo- >;E.O o-ltletqJ I ii) 6' .= =6' FE eOG.C =E i'; E F € o, oo o o GIJoJ ui(! E' o CD(! cDoce'EOOr^ EC, EEE9 !. .oEA6ooc) PE EErE>o ool'6o cab8 o, t,t<sidr: teBle= lc claDs la u; l=9 lHr Subject Area Disclainre, This map as neither a legally recorded map nor a suNey and is not intended lo be used .rs one This map is a compilation of recods, anfomatron and data locat€d jn various cly. county, state and federal offces and other sourc€s regadang the area shown. and is !o be us€d for reference purposes only. The City does not wa..ant thal the Geographic lnformatron System (GlS) Oata used to prepare tiis map are enor free. and lhe Crty does not represent that the GIS Data can be used for navigalional. t'acking or any other purpose requinng exacting measurement of clistance ol direction or preciSaon an the depicton of geographic features. The preceding disclaimer is provided puBuant lo Minnesota Statrtes 5466.03, Subd. 21 (2000), and the user of this map ac*nowledges that the Crty shall not be liable ior any clamages, and expressly waaves all dajms. and agrees to clefend, indemnify. and hold hamless the city from any and all claims brought by user. its employees or agents. or thid parties \a,ltidl arise oul ot the use/s access or use of dala provided Oisclaimel This map is neither a legally recorded map no. a survey and is not intended to be used asone. This map is a compilation of records, infomalion and data located in vadous city, county, state and federaloffces and other sources regarding lhe area shown, and is to be used for reference purposes only. 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N N N N N 6I CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Approve Amendment to Chanhassen City Code Chapter 20 to Remove Residential Restrictions for Regional/Lifestyle Center Planned Unit Developments (PUDs) Section CONSENT AGENDA Item No: D.4. Prepared By MacKenzie YoungWalters, Associate Planner File No: PROPOSED MOTION "The City Council adopts an ordinance amending Chapter 20, Zoning to remove residential restrictions for Regional/Lifestyle Center Planned Unit Developments." Approval requires a Simple Majority Vote of members present. SUMMARY The city’s PUD Ordinance caps regional commercial centers to a maximum of 20 percent residential uses and requires that these uses be constructed concurrently after the commercial and/or office components. These limits do not reflect the current development environment. The Planning Commission voted 61 to support the change. Minutes from the June 2, 2020 Planning Commission are attached to this City Council packet. BACKGROUND In 2009, the city passed Ordinance 488 that allowed for the creation of regional/lifestyle center commercial planned unit developments (PUDs). Regional commercial centers are intended to be walkable mixeduse districts with both residential and regional commercial/office components. In order to ensure that these districts did not develop as primarily residential districts with neighborhood level supporting commercial uses, the city restricted the percentage of the development that could be developed for residential uses and required that the residential developments not be constructed before the commercial uses. In the decade since this ordinance was passed, the retail environment has changed significantly. Consumers have shown a strong preference for experiential pedestrianoriented retail destinations and there is a growing realization that the residential component of a regional commercial center plays an important role in creating the demand for its commercial elements. Since other portions of the city’s PUD ordinance, specifically Section 20509’s intent clauses, also ensure that these PUDs will serve a regional commercial function, staff believes the residential percentage and phasing requirements are unnecessarily restrictive. DISCUSSION CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectApprove Amendment to Chanhassen City Code Chapter 20 to Remove Residential Restrictionsfor Regional/Lifestyle Center Planned Unit Developments (PUDs)Section CONSENT AGENDA Item No: D.4.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: PROPOSED MOTION"The City Council adopts an ordinance amending Chapter 20, Zoning to remove residential restrictions forRegional/Lifestyle Center Planned Unit Developments."Approval requires a Simple Majority Vote of members present.SUMMARYThe city’s PUD Ordinance caps regional commercial centers to a maximum of 20 percent residential uses and requiresthat these uses be constructed concurrently after the commercial and/or office components. These limits do not reflectthe current development environment.The Planning Commission voted 61 to support the change. Minutes from the June 2, 2020 Planning Commission areattached to this City Council packet.BACKGROUNDIn 2009, the city passed Ordinance 488 that allowed for the creation of regional/lifestyle center commercial plannedunit developments (PUDs). Regional commercial centers are intended to be walkable mixeduse districts with bothresidential and regional commercial/office components. In order to ensure that these districts did not develop asprimarily residential districts with neighborhood level supporting commercial uses, the city restricted the percentage ofthe development that could be developed for residential uses and required that the residential developments not beconstructed before the commercial uses.In the decade since this ordinance was passed, the retail environment has changed significantly. Consumers haveshown a strong preference for experiential pedestrianoriented retail destinations and there is a growing realization thatthe residential component of a regional commercial center plays an important role in creating the demand for itscommercial elements. Since other portions of the city’s PUD ordinance, specifically Section 20509’s intent clauses,also ensure that these PUDs will serve a regional commercial function, staff believes the residential percentage andphasing requirements are unnecessarily restrictive. DISCUSSION Amending the city 's PUD standards for the Regional Commercial District will allow the housing to be built first thus creating the market for the retail/office market. RECOMMENDATION Staff recommends that the city approve the attached Ordinance. ATTACHMENTS: Ordinance Lifestyle Center Residential Restrictions Staff Report CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-502 of the Chanhassen City Code is amended to read as follows: Sec. 20-502. - Allowed uses. Specific uses and performance standards for each Planned Unit Development (PUD) shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the Comprehensive Plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this article and the Comprehensive Plan. (3) Residential development in a regional/lifestyle center commercial PUD, may only occur in conjunction with a commercial or office development and may not encompass more than 30 percent of the proposed development Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22nd day of June, 2020 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on XX/YY/ZZZZ) MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Community Development Director DATE: June 2, 2020 SUBJ: Lifestyle Center Residential Restrictions ISSUE The city’s Planned Unit Development Ordinance caps regional commercial centers to a maximum of 20 percent residential uses and requires that these uses be constructed concurrent for after the commercial and/or office components. These limits do not reflect the current development environment. SUMMARY In 2009, the city passed Ordinance 488 that allowed for the creation of regional/lifestyle center commercial planned unit developments (PUD). Regional commercial centers are intended to be walkable mixed use districts with both residential and regional commercial/office components. In order to ensure that these districts did not develop as primarily residential districts with neighborhood level supporting commercial uses, the city restricted the percentage of the development that could be developed for residential uses and required that the residential developments not be constructed before the commercial uses. In the decade since this ordinance was passed, the retail environment has changed significantly. Consumers have shown a strong preference for experiential pedestrian-oriented retail destinations and there is a growing realization that the residential component of a regional commercial center plays an important role in creating the demand for its commercial elements. Since other portions of the city’s PUD ordinance, specifically Section 20-509’s intent clauses, also ensure that these PUDs will serve a regional commercial function, staff believes the residential percentage and phasing requirements are unnecessarily restrictive. RELEVANT CITY CODE Chapter 20 “Zoning Code”, Article VIII. “Planned Unit Development District”, Division 1. “Generally”, Sec.20-502. - “Allowed uses”: States that within the regional/lifestyle center commercial PUD residential development is limited to 20 percent of the proposed development and must be constructed concurrent of after the construction of the commercial/office component. Planning Commission Lifestyle Center Residential Restrictions June 2, 2020 Page 2 Chapter 20 “Zoning Code”, Article VIII. “Planned Unit Development District”, Division 1. “Generally”, Sec. 20-509. - “Standards and guidelines for regional/lifestyle center commercial planned unit developments”: States the intent of these types of PUDs, established minimum lot sizes, setbacks, building height, preservation and landscaping, and architectural standards for these developments. BACKGROUND The city first considered the creation of a regional commercial center as part of the 2030 Comprehensive Plan. During the process of researching and drafting the 2030 Comprehensive Plan, the city realized that there was the potential for a regional commercial center to be created at the intersection of Powers and Lyman Boulevards within the city. In order to facilitate this potential use, the 2030 Comprehensive Plan guided the land in question for both commercial and office use and passed Ordinance 488, which established the framework for creating a regional commercial PUD. Subsequent studies reinforced the viability of a regional commercial center in this location, and the city approved a concept PUD for a 70-acre regional commercial center in 2015. This project ultimately did not go forward, and the city approved a second concept PUD for a 118-acre regional commercial center 2016. This proposal was accompanied by an update to the area’s Alternative Urban Areawide Review. The City Council passed the PUD ordinance creating the Avienda Lifestyle Center on July 10, 2017. This PUD included provisions allowing for up to 30 percent of the development to be developed for residential uses. On June 2, 2020 the Planning Commission will conduct a hearing to consider amendments to the Avienda Lifestyle Center’s PUD. ANALYSIS Section 20-502 of the City Code imposes general restrictions on the allowed uses for all PUDs. The first two subsections apply to all PUD within the city. They establish that land uses within PUDs must conform to those allowed by the site’s comprehensive plan land use designation and that if a PUD covers multiple land uses, the city can require that the PUD include the land uses necessary to meet the intent of the PUD ordinance and comprehensive plan. The third subsection only applies to the residential component within regional commercial center and limits it to a maximum of 20 percent of the development while requiring that the construction of the commercial or office component of the development proceed or be concurrent with the construction of the residential component. The intent behind these three subsections is to prevent PUDs from permitting land uses that conflict with those established by the comprehensive plan. The city’s comprehensive plan restricts land uses to suitable areas of the city and also ensure that the city has a healthy mix of land uses. Ensuring that there is premediated ratio of office, commercial, industrial, and residential land uses is vital to protecting the vibrancy of the community and maintaining a diverse and resilient tax base. Planning Commission Lifestyle Center Residential Restrictions June 2, 2020 Page 3 The city was especially concerned that the regional commercial PUD could be used to convert land zoned for office and commercial use into a primarily high density residential district. To further codify the expectation that these areas would serve regional commercial needs, the city established an upper limit on the percentage of the development that could be used for residential purposes. The city also envisioned a potential scenario in which the residential portions of a regional center would be constructed first but slower demand for the retail portion of the development would lead to those areas remaining vacant or later requests to reguide and rezone the planned commercial areas for residential use well. As the general retail environment has evolved towards smaller more experientially oriented retail centers and the city has engaged more with developers about what will be needed to ensure a successful regional center, there is increasingly an understanding that the residential percentage cap is too low and that the phasing requirement is counterproductive. As was noted in the background, the existing Avienda PUD ordinance was already passed with provisions allowing for up to 30 percent of the development to be residential and maintaining the existing 20 percent cap in Section 20-502(3) will limit flexibility going forward by requiring any additional adjustment to the residential component to meet the Chapter 20 variance criteria. Since the goal of a PUD zoning is to allow for the highest possible degree of flexibility while meeting the intent of the comprehensive plan in order to achieve a unique high quality outcome, staff believes that the 20 percent limit should be removed. It should also be noted that other areas of the city guided for mixed use commercial and residential are anticipated to develop at 30 residential in the 2040 Comprehensive Plan. The regional center would still be required to demonstrate that it meets the intent statements contained in Section 20-509, specifically Section 20-509(a)(2), which requires the center to be a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. This intent statement combined with the retained provisions in 20-502(1) and (2) requiring that all PUDs include the land uses required to meet the intent of the PUD ordinance and comprehensive plan will prevent the regional center PUD from being amended in such a way as to undermine its ability to function as a regional draw. Similarly, the provision requiring that the residential portions of the regional center not be constructed before the retail/office components is unnecessary because the intent of the regional center PUD ordinance and conformity with the comprehensive plan both require that the regional center incorporate sufficient retail/office use to serve a regional market. Furthermore, given the market’s interest in walkable experientially oriented mixed use districts, it is staff’s belief that a strong residential component will be the primary driver of demand for the retail/office portions of the regional center. Put simply, the development will be able to attract a higher quality and better mix of commercial tenants if strong local demand is already present on site. Finally, removing the provisions that limit the residential component of regional centers is not anticipated to have a citywide impact. Figure 2-11 “Chanhassen Commercial Land Use Categories and Mixed Use Land Use” in the 2040 Comprehensive Plan indicates that only the commercial area placed in the Regional/Lifestyle Center subcategory of commercial land use is Planning Commission Lifestyle Center Residential Restrictions June 2, 2020 Page 4 the area included in the Avienda PUD. Since all zoning must be consistent with the city’s comprehensive plan, no other area could request to be zoned as a regional/lifestyle center PUD without first amending the comprehensive plan. The fact that the area under the Avienda PUD is the only portion of the city impacted by these provisions means that removing them will not impact other PUDs moving forward, and will only allow the city the flexibility needed to tailor Avienda’s PUD ordinance to the projects unique characteristics. For the reasons listed above, staff believes that the existing limits on and phasing requirements for the regional center are excessive and unnecessary. Ultimately, the city only envisions a single regional center ever being created, and the composition of the center is already governed by other sections of the PUD ordinance and the comprehensive plan. RECOMMENDATION Staff recommends that the city remove the 20 percent cap from regional commercial centers and allow the residential component to be constructed before the commercial component. Lifestyle centers would still be subject to the standards and guidelines contained in Section 20-509. The proposed amendment would read as follows: Sec. 20-502. - Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. (3) Residential development in a regional/lifestyle center commercial PUD, may only occur in conjunction with a commercial or office development and may not encompass more than 20 30 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. g:\plan\city code\2020\2020-01 lifestyle center pud amendments\pud residential limits.docx CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Approve Final Plat, Development Contract and Construction Plans and Specifications with Variances for Boylan Shores Section CONSENT AGENDA Item No: D.5. Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 201917 PROPOSED MOTION “The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22, 2020,” subject to the Conditions of Approval in the staff report; and The City Council grants approval of the Development Contract for Boylan Shores; and The City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approval in the staff report.” Approval requires a Simple Majority Vote of members present. SUMMARY Final plat approval to replat 2.71 acres into three lots and three outlots, located east of Country Oaks Drive, west of Lake Minnewashta and is bisected by Minnewashta Parkway. The property is zoned SingleFamily Residential (RSF). Sewer and water are available to the site. Access to the site is proposed via Country Oaks Drive. The site is intended to house three singlefamily homes. BACKGROUND On January 13, 2020, the Chanhassen City Council adopted the following motion: Subdivision “The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three lots and four outlots, and a variance to allow a private street and lots to be bisected by a public street as shown in plans stamped “Received November 1, 2019,” subject to Conditions of Approval and adoption of the Findings of Fact and Decision. DISCUSSION The applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots for singlefamily detached housing.The site is located east of Country Oaks Drive, west of Lake Minnewashta and is bisected by Minnewashta Parkway.Access to the site is proposed via a private street off of Country Oaks Drive.Sewer and CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectApprove Final Plat, Development Contract and Construction Plans and Specifications withVariances for Boylan ShoresSectionCONSENT AGENDA Item No: D.5.Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 201917PROPOSED MOTION“The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22,2020,” subject to the Conditions of Approval in the staff report; andThe City Council grants approval of the Development Contract for Boylan Shores; andThe City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approvalin the staff report.”Approval requires a Simple Majority Vote of members present.SUMMARYFinal plat approval to replat 2.71 acres into three lots and three outlots, located east of Country Oaks Drive, west ofLake Minnewashta and is bisected by Minnewashta Parkway. The property is zoned SingleFamily Residential(RSF). Sewer and water are available to the site. Access to the site is proposed via Country Oaks Drive. The siteis intended to house three singlefamily homes.BACKGROUNDOn January 13, 2020, the Chanhassen City Council adopted the following motion:Subdivision“The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three lots and fouroutlots, and a variance to allow a private street and lots to be bisected by a public street as shown in plans stamped“Received November 1, 2019,” subject to Conditions of Approval and adoption of the Findings of Fact and Decision.DISCUSSIONThe applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots for singlefamily detached housing.The site is located east of Country Oaks Drive, west of Lake Minnewashta and is bisected by Minnewashta Parkway.Access to the site is proposed via a private street off of Country Oaks Drive.Sewer and water are available to the site.The property is zoned SingleFamily Residential (RSF) and falls within the Shoreland Overlay District. The subdivision request is a relatively straightforward action and staff is recommending approval with conditions. Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent with the Zoning Ordinance. RECOMMENDATION “The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22, 2020,” subject to the Conditions of Approval in the staff report; and The City Council grants approval of the Development Contract for Boylan Shores; and The City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approval in the staff report.” ATTACHMENTS: Staff Report Application Final Plat Landscape Plan Construction Plans Development Contract MEMORANDUM CITY OT CIIAI'IIIASSII{ Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow TO:Todd Gerhardt, City Manager FROM:Sharmeen Al-Jafl Senior Planner Erik Henricksen, Project Engineer DATE: Jtne22,2020 SUBJ:Boylan Shores - Approval of Final Plat, Development Contract, Construction Plans - Planning Case 2019-17 PROPOSED MOTIONS "The City Council grants approval ofthe final plat for Boylan Shores as shown in plans dated "Rec eived May 22,2020", subject to the Conditions of Approval in the staff report; and The City Council grants approval ofthe development contract for Boylan Shores; and The City Council grants approval ofthe construction plans for Boylan Shores." Approval requires a simple majority vote of City Council present. PROPOSAL SUMMARY Final plat approval to replat 2.71 acres into three lots and three outlots, located east of Country Oaks Drive, west of Lake Minnewashta and bisected by Minnewashta Parkway. The property is zoned Single-Family Residential, RSF. Sewer and water are available to the site. Access to the site is proposed via Country Oaks Drive. The site is intended to house three single-family homes. Subject Site 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 tl -) j t 'rtl I t ,iE] 7) d0 J a t' I t, PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110 Todd Gerhardt Boylan Shores June22,2020 Page 2 BACKGROUND On January 13,2020, the Chanhassen City Council adopted the following motion: SUBDIVISI ON "The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three lots and four outlots and a variance to allow a private street and lots to be bisected by a public street as shown in plans stamped "Received November 1, 2019", subject to the following conditions and adoption ofthe Findings ofFact and Decision: SUBDIVISION 1. The installation ofa contiguous curb consistent with the Minnewashta Parkway corridor shall be constructed where the existing driveway access is located (see City Detail Plate #5203) immediately after the construction entrance at the location has been permanently removed. This condition still applies. 2. The applicant shall provide adequate right-of-way (ROW) over the entirety ofthe trail along the west side of Minnewashta Parkway. This ROW shall aligrr with the newly subdivided property to the north to ensue continuity and will be reviewed and approved by the city prior to recording of final plat. This condition still applies. 3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created lots. This condition still applies. 4. Covenants addressing the maintenance and snowplowing operations ofthe private street shall be filed against all benefiting properties and submiued to the city for review and approval prior to recording of final plat. This condition still applies. 5. Grading plans shall be updated to illustrate drainage arrows. This condition has been met. 6. Appendix B of the Stormwater Management Plan shall be updated to include drainage arrows illustrating the direction ofdischarge from each sub-catchment. This condition has been met. Ensineerins: 7. Updated stormwater modeling verifuing adequate capacity of downstream public stormwater facilities and conveyance systems shall be provided for review and approval prior to recording of final plat. This condition has been met. 8. Plans shall be updated to address Sec. l8-57., P.4, regarding the design ofadequate drainage facilities for the private street. This condition has been met 9. An updated SWPPP shall be submitted as plans are finalized, when the contractor and their sub-contractors are identified, and as other conditions change. Review and approval ofthe standalone document is required prior to any grading. This condition still applies. 10. The newly extended 6" C900 water main shall be privately owned and maintained. This condition has been amended to read "The newly extended 6" C900 water main shall be publicly owned and maintained." 1 I . Coordination with all small utility companies for the excavation and underground utility installations shall be maintained by the applicant and their contractor. This condition has been met. 12. Lot 2's water service shall be had from the newly extended water main; plans shall be updated accordingly. This condition has been met. 13. Updated plans shall be submitted as to not create a potential conflict or any crossing of the sanitary service lateral to Lot I with the newly extended water main. This condition has been met. 14. The applicant's contractor shall field verify the serviceability of the existing sanitary sewer service forLot2. This shall be accomplished via CCTV which will be provided to the city prior to connection of the existing sanitary sewer lateral. This condition still applies. 15. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to ensure the technical expertise and funding mechanisms for the operation and maintenance of the private street and stormwaler treatment devices. This condition still applies. 16. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator, or their designee, and recorded against the properties that details the HOA's permanent Todd Gerhardt Boylan Shores Jwe22,2020 Page 3 Todd Gerhardt Boylan Shores Jrne22,2020 Page 4 inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as desigrred. This condition still applies. Construction Plan Review: 1 . On sheet 2 of I 0 : For clarity, remove call-outs associated with curb and gutter removal or bituminous removal as those are related to the installation ofutilities and are addressed on subsequent sheets; add to notes associated with removal of structures (e.g. house, deck, sheds, etc.) that any removal requires a building permit; add to notes that any found wells, septic, tanks, etc. shall be abandon in accordance with the appropriate state and local regulations. This condition has been met. 2. On sheet 3 of l0: Illustrate existing public trail on the preliminary plat to ensure appropriate ROW dedication; clarifi shoreline area illustrated adjacent to "Outlot C" and "Outlot D" on preliminary plat; it is unclear if this area is designated as D&U. This condition has been met. 3. On sheet 4 of 10: Update call-outs for sanitary sewer taps to incorporate "WYE" and not "SADDLE'; update call-outs for removal and replacement of curb and gutter and bituminous to identifu the appropriate city detail plate numbers; Note 5 shall be updated read ". .. shall be PE/PEX" and not copper, (the city speciJications and detail plates are being updated to incorporate no use ofcopper for water service lalerals; detail plates and speciJications can be provided upon request); Note 6 should be updated to address the need for a city Underground Utility Permit (ROW permit); Note 8 conectly addresses City Code regarding the location ofthe curb stop at the property line, however the plans illustrate the curb stop at the D&U line, update plans accordingly; Note 9 should be updated to incorporate the same requirement for water services (painted blue); Note 10 should be updated to incorporate language that tracer while shall meet city specifications, also the notes are overlaid with another label and are illegible, update accordingly; add a note to the effect that testing requirements for water main installation shall meet city requirements and specifications, and that the coordination oftesting (bacteri4 pressure, etc.) are to be coordinated with the Public Works Utility Department (952-227 -1300). This condition has been amended to read "Note 8 correctly addresses City Code regarding the location of the curb stop at the property line, however the plans illustrate the curb stop at the D&U line, update plans accordingly (locate curb stops at property line and not D&U line); the sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in 2021." 4. On sheet 5 of 10: The call-out for the construction of the private drive entrance at Country Oaks Drive shall include detail plate #5206 which will require the detail sheet to be updated accordingly; construction ofthe private street and other utilities may encroach into abutting properties, update the plans to incorporate notes for protection of private Todd Gerhardt Boylan Shores Junre22,2020 Page 5 property and private structures/landscaping or if a temporary construction easement is required; provide a typical street detail that adequately addresses the 7-ton design requirement; EOF should be shown, profile details for the EOF and storm pond shall be provided with elevations, include the OCS within the storm pond detail; either update Note 1 so that Class 5 RCP is utilized, or eliminate entirely as no RCP is proposed; add note that an Underground Utility Permit (ROW permit) is required for the connection to the existing catch basin. This condition has been met. 5. Onsheet6of 10: Illustrate the locations ofall borings referenced in the geotechnical report; illustrate drainage arrows for proposed elevations and grades; include in the legend a detail for the house pad call-outs (G, TF, LL, WO for clarity; show benchmark location and elevation; include first floor elevations ofbuildings on adjacent lots (i.e. the lot and building to the south); include existing and proposed elevations at the following locations - each lot comer, top ofcurb or centerline of roadway at each lot line extension, center ofproposed driveway at curb, grade at corners of proposed structure. This condition has been amended to read "Include in the legend a detail for the house pad call-outs (G (garage floor elevation)' TF (top floor elevation), LL (lowest level elevation), WO (lowest opening)) for clarity." 6. OnsheetTof l0: Identifo proposed stockpile locations; under the call-out for the silt fence around pond, direct contractor to sheet l0 for additional notes on installation and stabilization ofpond; provide detail plate number for construction entrance call-out; all construction access will be had through one approved construction entrance, thus the silt fence on the northwest comer ofthe site should be contiguous (no gap), provide a second phase of the erosion control plan for when the construction access off Minnewashta Parkways is closed and stabilized per Eirglneering Condition (1.) and the construction entrance at the northwest comer is active. This condition has been met. 7. On sheet 10 of l0: Update General Grading Note 9 that haul routes shall be supplied to the city for review prior to grading and that there will be no hauling during road restrictions unless reviewed and approved by the city; update General Grading Note 20 that the city's Water Resources Coordinator, or their designee, shall be notified 24-hours prior to commencement of dewatering activities; update Erosion/Siltation Control Note 1l to eliminate "Contractor shall place Mirafi fabric and gravel over all catch basins...", if inlet protection is required it should meet the city specifications and detail plates (catch basin sediment fiap #5302A). This condition has been met. Full park fees in lieu ofadditional parkland dedication and/or trail construction shall be collected as a condition of approval for two of the tlree lots. The park fees will be collected Parks: Todd Gerhardt Boylan Shores June22,2020 Page 6 in fl l at the rate in force upon final plat submission and approval. Based upon the current single-family park fee rate of$5,800 per dwelling, the total park fees would be $ 11,600. This condition still applies. Environmental Re Coordinator: No required landscape plantings shown on the approved landscape plan may be planted on any of the outlots. This condition has been met. 2. Tree planting requirements on each lot are as follows: Lot 1 : le 1 1 overstory deciduous, 8 evergleens; Lol2: 12 deciduous overstory,5 evergreens; Lot 3: 5 deciduous overstory, 3 evergreens. This condition has been modified to read "Tree planting requirements on each lot are as follows: Lot 1: 11 overstory deciduous, S evergreens; Lot2:.2 deciduous overstory,5 evergreens; Lot 3: 5 deciduous overstory,3 evergreens." 4. Tree preservation fencing must be installed around trees proposed to be saved prior to any construction activities. This condition still applies. Plannine: Approvat ofthe subdivision is contingent upon the applicant securing the segment of prope(y, to allow the applicant to achieve a 30-foot frontage on a public ROW offof Country Oaks Drive and the City Council approving the transfer of Outlot B of Glendale Homes Drive Subdivision from the city to the applicant. This condition still applies. 2. The applicant shall combine Outlot C with Lot 3 and Outlot D with Lot 2." This condition has been amended to read "Outlots B and C shall not be considered developable, separate parcels. These outlots may not be used as an association beachlot. Outlot B may not be sold separately from Lot 3, Block I and Outlot C may not be sold separately from Lot 2' Block l. FINAL PLAT The applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots for single-family detached housing. The site is located east of Country Oaks Drive, west of Lake Minnewashta and bisected by Minnewashta Parkway. Access to the site is proposed via a private 3. Any tree removal on Outlots C or D shall be replaced with 2:l diameter inch trees on the same outlot. This condition still applies. Todd Gerhardt Boylan Shores Iune22,2020 Page 7 street offof Country Oaks Drive. Sewer and water are available to the site. The property rs zoned Single-Family Residential (RSF) and falls within the Shoreland Overlay District. co$td Iake os' Boyhn shores The subdivision request is a relatively straightforward action and staffis recommending approval with conditions. Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent with the Zoning Ordinance . SITE CONSTRAINTS Wetland Proteclion The City of Chanhassen Wetland Inventory and the National Wetland Inventory do not indicate the presence of any wetlands on the subject property. A review of historic aerial photographs and on-site observations supports the conclusion that there are no wetlands on the subject property. Bluff Protection Shoreland Managemenl The entire site lies within the shoreland district for Lake Minnewashta. The plans comply with the shoreland regulations. Floodplain Overlay This property does not lie within a floodplain. Lot3, Blod.1 =' Outlot B There are no bluffs on the property. Outlot A i*L- tot ," Bloc} 1 Lot 2, Blod( I Outlot C Todd Gerhardt Boylan Shores Jlur:.e22,2020 Page 8 The applicant has provided an existing conditions survey that adequately conforms to the requirements found under Sec. I 8-40 of City Ordinance. Currently, there is one existing single- family residence located at 6760 Minnewashta Parkway with a gravel access offof Minnewashta Parkway. The applicant is proposing to remove the existing structwes from the property along with abandoning the gravel access as illustrated on the existing conditions survey, which also incorporates the removal plan. All removal of stnrctures on the property will require a building permit prior to any demolition work or construction activities. Removal of the access will require an Underground Utility Permit (ROW permit), including the installation of a contiguous curb and gutter consistent with the existing Minnewashta Parkway curb and gutter. The installation of the curb should occur after the construction entrance has been p€rmanently removed. Coordination between this development and the city's Capital Improvement Project No. 20-02 (Minnewashta Parkway Rehabilitation) will be ongoing. The construction entrance may be required to be moved to Country Oaks Drive as a result and as discussed under *Gradingl' later in this report. EASEMENTS The applicant is proposing the dedication of drainage and utility easements (D&Us) for the subdivision that meet Sec. 18-76. ofCity Ordinance. A majority ofthe lots and outlots are encompassed by 10-foot D&Us (or larger). The width and size ofthese D&Us are greater than what is typically dedicated to meet city requirements (side and rear lots typically are 5-foot D&Us); this is due to the stormwater and drainage infrastructure proposed. As illustrated in Figure I below, a D&U encompasses "Outlot A" which is proposed to be a private street, and another D&U encompasses a proposed stormwater bio-filtration basin. All D&Us, as were illustrated on the preliminary plat, were adequate for their intended purpose. However, D&Us encompassing the proposed stormwater bio-filtration basin may have to be adjusted pending updates to the stormwater facilities, as addressed later in this reporl rxrder "Stormwater Management". As such, the final plat will not be recorded until the storrnwater management plan is approved. Bluff Creek Overlay This property does not lie within the Bluff Creek Overlay District. EXISTING CONDITIONS SURVEY Todd Gerhardt Boylan Shores Jtne22,2020 Page 9 Figure I - Adequate Drainage and Utility Easements for Street & Stormwater BMP It appears from the final plat that adequate ROW of Minnewashta Parkway has been dedicated (50-foot wide ROW existing, 66-foot wide ROW proposed). The applicant shall ensure that prior to recording offinal plat that the proposed eastem lot lines abutting Minnewashta Parkway align with the eastem lot line of Glendale Drive Homes' Lot 5, and adequate ROW has been dedicated for Minnewashta Parkway. STREETS The proposed subdivision abuts Minnewashta Parkway to the east and Country Oaks Drive to the west. Ultimately, access to all three lots are proposed to be had from Country Oaks Drive via the proposed private street. The Public Works and Engineering Departrnents do not find it appropriate to construct a public street as one is not required to serve other parcels, improve access, nor is a street extension in this area called for in the Comprehensive Plan and no longer feasible. Furthermore, and in conformance with the Comprehensive Plan, no additional accesses should be had offof collector roadways (i.e. Minnewashta Parkway); the private street will facilitate this conformance. The proposed private street has been designed to include an acceptable alternative to a hammerhead in order to meet Fire Code and City Ordinance regarding dead-end fire apparatus access road tumarounds. The private street is required to use traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices, along with meeting the criteria listed out in Sec. l8-57.n, o., and p. Sec. 18-57.p.2 includes the requirement that coverumts conceming maintenance and snow plowing operations shall be filed against all benefit properties. A similar agreement for maintenance responsibilities between the properties is addressed under "Stormwater Managemenl" of this report regarding the stormwater BMPS. The applicant has provided street details along with boring logs ofthe underlying soils below the private street that indicate the design ofthe road may not meet the 7-ton design requirement of Sec. 18-57. Due to the underlying existing soils (USCS soil classification of"CL - Lean Clay", or, as mentioned in the soil boring log, "Organic Lean Clay") and their soil factors, based on the MnDOT 7-ton flexible pavement desigl methodology, soil corrections and/or a different design may be required. The applicant shall provide design calculations that meet a 7-ton design for 20 Fe€t Wide Pnvat Storm O&U 1 J v--'2 \ odor A \_ \f ) F*"r*"*&,rl Todd Gerhardt Boylan Shores June22,2020 Page l0 review and approval by the city and note within the plans that soil corrections, as determined by a geotechnical engineer, may be required during construction. The area shaded in green is intended to be deeded to the property immediately west of the subject site in exchange for a small segment of property, shown in yellow, to allow the applicant to achieve a 30-foot frontage on a public ROW. In addition, the city T I LOT UTE ADJUSIIEi{T . CERTIFICATE Olf TURVEY -:l r*irrc3l!51F*ss:5..::*:m*! .__---.__---.-..-= Il__I-lF- has agreed to convey a small portion of Outlot B (Glendale Drive Homes) that the city currently owns to facilitate the private sfeet as there is no beneficial use to the portion being deeded. The plat may not be recorded until these lot line adjusfrnents are complete. RETAININ G WALLS One retaining wall is proposed and is located on Lot 2. As currently proposed, the retaining wall spans approximately 110 feet and has a maximum height of 3 feet, therefore Sec' 20-1025 (retaining walls) of City Ordinance does not apply. If the retaining wall, measured from bottom of footing to top of wall, ever exceeds 4 feet through subsequent plan changes or during the couse of construction, all requirements listed in Sec. 20-1025 must be adhered to. GRADING & DRAINAGE Grading operations will impact a large majority of the proposed subdivision (mass grading). It appears grading has been proposed to route stormwater away from buildings based on the contours and drainage arrows of the update plans. From the proposed grading plans and the provided preliminary Stormwater Management Plan (SMP) prepared by David Poggi, PE (MN No.44573), of Civil Methods, Inc., it appears portions of tot 2 and Lot 3 do not direct stormwater runoff to the proposed stormwater bio-Iiltration basin: sub'catchment 3 (a portion of Lot 2) drains south directly onto an adjacent property and sub-catchment 2 (more than half of Lot 3 and a portion of Lot 2) drains east directly onto Minnewashta Parkway, as seen from Figure 2 below. I I I Todd Gerhardt Boylan Shores Jrne22,2020 Page 1 I Figure 2 - Drainage Diagram (Arrows Added Based on Model & Grading) These drainage pattems are generally consistent with the existing drainage conditions, and have been designed to maintain rate and volume as drainage being directed onto adjacent properties shall not exceed existing rate and volume. As the applicant is proposing to direct stormwater drainage into the public storm sewer system, accompanying modeling and analysis was provided illustrating that the downstream public system is adequately sized. Lastly, it was unclear how drainage from the private street was intended 10 be captured and routed to the proposed stormwater bio-hltration basin. This is typically achieved in urbanized road sections by catch-basins constructed at low points that collect runoff and then route the stormwater via an underground conveyance system (i.e. pipes), or through the use ofcurb and gutter. No catch-basin(s) or curb and gufter conveyance system were proposed. However, after discussion with the applicant's engineer and revisions to the plans, the design will utilize "controlled" sheet flow achieved by the grading plan to direct stormwater to the constructed BMP, which has been approved by staff. Still, the applicant should consider constructing curb and gutter along the south portion ofthe public street to limit a portion ofthe sheet flow that would traverse across Lot 1, albeit the concept of pre-treating stormwater via large filter strips, such as vegetation, would be eliminated, requiring the applicant to pretreat by some other means. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared and submitted a Stormwater Pollution Prevention Plan (SWPPP) to the city for review. The SWPPP is a required submittal element for preliminary and final plat review. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in the permit. The SWPPP will need to be updated as the plans are finalized, when the contractor and their sub-contractors are identified, and as other conditions change. Furthermore, the SWPPP has identified the use of Minnewashta Parkway for the construction access to the site. With the city's upcoming -1 IP --t-- 3 -L =tI Y ?iseo9E9 gglSfne! EROSION PREVENTION & SEDIMENT CONTROL {soudr J Todd Gerhardt Boylan Shores J:une22,2020 Page 12 Minnewashta Parkway Rehabilitation Project, the applicant's contractors shall adhere to any coordination of construction activities required by the city. This may include that the construction entrance be relocated to Country Oaks Drive once substantial construction begins with Project No. 20-02, pending each projects' schedules. Y SEWER& WA MAINSANIT Sanitary sewer and water service is available off Minnewashta Parkway and Country Oaks Drive via a 10" PVC sanitary main and 12" DIP water main, and 8" PVC sanitary main and 6" DIP water main, respectively. The applicant is proposing to extend approximately 300 feet of 6" C900 water main with the extension of the private street. The extended 6" water main is fumished with a fire hydrant at the end of the line to supply fire suppression needs and to allow for the water main to be flushed and maintained. It was initially recommended by staff that as the water main is within a private street that the utility be designated as a private utility. However, as the water main will be contiguous to the surrounding public water main network, staff now recommends that the water main be designated as a public utility for the city to own and maintain. As such, this installation shall be installed in accordance with city standards and specifications. Coordination with the Public Works Department 48-hours prior to commencement of this work is required. Plans have been updated to incorporate water services for Lots l, 2 and 3 to be had from the newly installed water main, as recommended during the preliminary plat review. As the water service hook-up charge for the existing property has been paid, the hook-up fee for the connection oflot 2 would be waived. The applicant is proposing no extension of sanitary sewer mains as existing infrastructure can supply adequate services to the three lots. The existing lateral for Lot 2 is being proposed for sanitary service. As this lateral is older and its condition not known, il shall be verified in good working condition by the contractor prior to connection. Lastly, tapping into the public sanitary sewer mains within public right-of-way will require a permit. The sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in202l. STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." The applicant has provided a stormwater management proposal that generally meets the standards set forth in Chapter 19, and was reviewed to be feasible for the site. The applicant has submitted a preliminary SMP produced by David Poggi, PE (MN No. 44573), with Civil Methods, Inc. The applicant proposed treatment of stormwater runoff with the use of a bio-filtration basin located on the southeast side of Lot l. Based on the information and Todd Gerhardt Boylan Shores |we22,2020 Page 13 analysis provided, this is an acceptable approach that will provide a sufficient level of retention to meet the volume control requirements and the filtration media proposed will provide sufficient levels of treatment to meet the quality requirements of the city. However, based on the provided boring logs groundwater was encountered at an elevation of 967 .5 feet where the stormwater BMP is being proposed. The bottom ofthe proposed stormwater basin is also at 967.5 feet. In accordance with the NPDES Construction Permit, there must be a minimum of three feet between the bottom of a stormwater facility and the groundwater. This will require the applicant to adjust the BMP's design accordingly to meet the requirement of the permit. The final plat cannot be recorded until an approved stormwater management plan is provided to ensure appropriate D&Us encumber the BMP if adjustments are needed. As the design still proposes to connect the stormwater conveyance from the BMP to the city's catch basin, an underground utility permit (ROW permit) will be required. Lastly, the applicant shall provide an operation and maintenance plan (O&M) for the private stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefrting properties (Lots 1-3). A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and firnding mechanisms for the operation and maintenance of stormwater treatment devices is recorded in perpetuity. Section 4-30 of City Code sets out the fees associated with surface water management. A water quality and water quantity fee is collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lots of record being created. The 2020 estimate is calculated as shown in the table below: AREA ACRES FEE GROSS AREA s8,490 2.'71 $ 23,007.90 s8.490 0.06 s (509.40) OUTLOTS s8.490 0.75 $ (6,367.50) NET AREA 1.9 5 16,13t.00 ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. The 2020 rates are $2,392lunit and $691/unit for water and sewer, respectively. The remaining sewer and water hookups fees are due with the building permit. STORMWATER UTILITY CONNECTION CHARGES SURFACE WATER DEVELOPMENT FEE PER ACRE FEE ROW Todd Gerhardt Boylan Shores June22,2020 Page 14 FEES Based on the proposal, the following fees would be collected with the Development Contract: a) Administration Fee: Based on the cost of the installation of improvements (to be provided by the applicant); when less than $500,000.00, three percent (370) of the cost: $4.962.41 @ased on an estimated cost of improvements of $165,413'50) b) Surface Water Management Fee: $16.13l '00 c) A portion of the water hook-up charge: $2,311/wit@2 units: $4.784'00 d) A portion ofthe sanitary sewer hook-up charge: $691/unit@2 unir: $1.382.00 e) Park Dedication Fee: $11.600.00 f) GIS Fees: $25 forthe plat plus $10 per parcel @ 3 parcels: $55'00 LANDSCAPING & TRE E PRESERVATION The applicant for the Boylan Shores development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage required Proposed tree preservstion 2.71 ac. or I18,047 SF 58% or 69260 SF 35% or 41316 SF 8.6o/o or 10'152 SF The developer does not meet minimum canopy coverage for the site, therefore the applicant must bring the canopy coverage on site up to the 35%o minimum. The difference between the required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF. Minimum required 41,316 SF Less canopy preserved 10,152 SF Minimum canopy coverage to be replaced 3l'164 SF Multiplied by 1.2 37396 SF Divided by 1089 =Totat number of trees to be planted 34 trees The applicant has submitted a landscape plan that meets requirements showing 34 trees to be planted within the development. COMPR"EHENSIVE PARK PLAN The city's Comprehensive Park Plan calls for a neighborhood park to be located within one-half mile of every residence in the city. The proposed Boylan Shores is wholly located within the Roundhouse Park neighborhood park service area. Todd Gerhardt Boylan Shores Ilurl.e22,2020 Page 15 Roundhouse Park features the following amenities: swimming beach, playground, swings, picnic shelter, fishing pier, tennis court, four pickleball courts, basketball court, skating rink, open play field, trails and parking area. COMPREHENSIVE TRAIL PLAN The city's Comprehensive Trail Plan calls for public parks to be corurected to neighborhoods through a combination of sidewalks and trails. The proposed Boylan Shores is connected by sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This existing trail should be protected and maintained in an open condition throughout the subdivision development and housing construction. RSF Setbacks: Front: 30 feet, Side: l0 feet +Parcels served via private street must maintain 100 foot width. t 7 .-.A\ I Lot Area (sq. ft.) Lot width Lot Depth 25 ToMaximum Site Coveraqe (sq. ft.) Code (RSF)15,000 90 125 3,750 Lot I 3l ,043 133 7,760.75 Lot2 20,082 100 270 5,020.5 Lot 3 21,128 90 2s8 5,282 Outlot A 1,328 Outlot B 11,497 Outlot C 10,448 Outlot D 9.442 Total 104,965 COMPLIANCE TABLE //a 193* Todd Gerhardt Boylan Shores !,xe22,2020 Page 16 RECO MENDA Staff recommends that the City Council adopt the following motion: ,.The Chanhassen City Council approves the final plat to subdivide 2.71 acres into three lots and three outlots and a variance to allow a private sEeet as shown in plans stamped "Received May 22,2020", subject to the following conditions: SUBDIVISION Engineerine: The installation of a contiguous curb consistent with the Minnewashta Parkway corridor shall be constructed where the existing driveway access is located (see City Detail Plate #5203) immediately after the construction entrance at the location has been permanently removed. 2. The applicant shall provide adequate right-of-way (ROW) over the entirety ofthe trail along the west side of Minnewashta Parkway. This ROW shall align with the newly subdivided property to the north to ensure continuity and will be reviewed and approved by the city prior to recording of final plat. 3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created lots. 4. Covenants addressing the maintenance and snowplowing operations of the private street shall be filed against all benefiting properties and submitted to the city for review and approval prior to recording of final plat. 5. An updated SWPPP shall be submitted as plans are finalized, when the contractor and their iub.contractors are identified, and as other conditions change. Review and approval ofthe standalone document is required prior to any grading' 6. The newly extended 6" C900 water main shall be publicly owned and maintained. 7. The applicant's contractor shall field veriff the serviceability of the existing sanitary sewei iervice for Lot 2. This shall be accomplished via CCTV which will be provided to the city prior to connection of the existing sanitary sewer lateral. 8. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to ensure the technical expertise and funding mechanisms for the operation and maintenance ofthe private street and stormwater treatment devices. Todd Gerhardt Boylan Shores Iwe22,2020 Page 17 9. Operation and mahtenance of private stormwater BMPs is required in pelpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator, or their designee, and recorded against the properties that details the HOA's permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPS will function as designed. 10. A stormwater management plan shall be reviewed and approved prior to recording of the final plat. This is to ensure the stormwater management BMPs will adequately be encompassed by drainage and utility easements rccorded with the final plat. 11. The applicant's contractors shall adhere to any coordination of construction activities required by the city as Capital Improvement Project No. 20-02 (Minnewashta Parkway Rehabilitation) is scheduled to occur adjacent to the property in 2021. 12. The applicant shall provide design calculations that meet a 7-ton desigr for review and approval by the city prior to approval of construction plans. 13. The provided stormwater model shall be updated to correctly identiry the appropriate pipe type (HDPE not RCP) for the primary routing device (Device #l) of Pond 2P. Full park fees in lieu of additional parkland dedication and/or trail constnrction shall be collected as a condition of approval for two ofthe three lots. The park fees will be collected in flrll at the rate in force upon final plat submission and approval. Based upon the cunent single-family park fee rate of$5,800 per dwelling, the total park fees would be $ 11,600. Enviro tal Resources Coordi nator Tree planting requirements on each lot are as follows: Lot 1: I I overstory deciduous, 8 evergreens; Lot2: 2 deciduous overstory, 5 evergreens; Lot 3: 5 deciduous overstory, 3 evergreens. 2. Any tree removal on Outlots C or D shall be replaced with 2: I diameter inch trees on the same outlot. 3. Tree preservation fencing must be installed around trees proposed to be saved prior to any construction activities. Parks: 14. The final plat will not be recorded until all conveyance of real property to achieve the layout of Outlot A is secured as reflected in the final plat dated May 22,2020. This includes conveyance of a portion of Outlot B (Glendale Drive Homes Subdivision) owned by the city and a portion of property owned by Lot l, Block 2 Country Oaks. Todd Gerhardt Boylan Shores Jluu:,e22,2020 Page 18 Planning: I . Approval of the subdivision is contingent upon the applicant securing the segment of property, to allow the applicant to achieve a 30-foot frontage on a public ROW offof Country Oaks Drive, and the City Council approving the transfer of Outlot B of Glendale Homes Drive SuMivision from the city to the applicant. 2. Outlots B and C shall not be considered developable separate parcels. These outlots may not be used as an association beach lot. Outlot B may not be sold separately from Lot 3, Block 1 and Outlot C may not be sold separately from Lot 2, Block l'" CONSTRUCTION PLAI\S The City Council approves the Construction Plans for Boylan Shores with the following conditions: On sheet 2 of l0: All existing utilities, both public and private, shall be shown on the existing conditions plans (e.g. the public storm sewer is not shown extending northeast along and under Minnewashta Parkway) to avoid conflicts with existing and proposed utilities; a note shall be added to the affect that erosion and sediment control BMPs shall be installed prior to removal and to direct the plan holder that the SWPPP is on sheet 7 of 10. 2. On sheet 4 of 10: Note 8 conectly addresses City Code regarding the location ofthe curb stop at the property line, however the plans illustrate the curb stop at the D&U line' update plans accordingly (locate curb stops at property line and not D&U line); the sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in 2021; the plan sheets should be updated to show the full extents ofthe property as depicted by the plat (e.g. the northwest comer does not extend to the property lines); the plan sheets should be updated to correctly illustrate the drainage and utility easements on Outlots as reflected on the final plat; Lot 3's sanitary sewer service WYE should be updated to 10"x6" to correctly reflect the size of main being tapped, this tap shall occur prior to the commencement of city Project No. 20'02 in 2021 and should be noted; the call-out and leader for Lot 2 "utilizing existing service" must be updated to clearly show only one service (sanitary) to remain; as a gate valve at the wet tap will be required for proper installation, no additional gate valves shall be located within the curb at Country Oaks Drive, as illustrated; 3. On sheet 5 of 10: Add call-out or note for where the contractor can find the detail for the street construction, for clarity; the plans illustrate draintile to be installed undemeath the 12- HDPE inlet pipe that connects to the outlet control stnrcture and should be adjusted around the inlet pipe for constnrctability and future maintenance needs; the profile shows the connection to the existing catch basin within Minnewashta Parkway, update profile call-outs to identifo existing catch basin type (2'x3'), and ensure feasibility of Todd Gerhardt Boylan Shores Iure22,2020 Page 19 connection; the storm manhole immediately upstream ofthe existing catch basin shall be relocated wholly outside public right-of-way; the bioretention trench detail shall be updated to include an impermeable liner around the BMP; the bioretention trench detail illustrates one foot of filter media while the stormwater management report calls out 1 8" to meet filtration requiremenls, plans shall be updated accordingly; the bioretention trench detail shall include elevations (e.g. as proposed the bottom ofthe ponded volume would be 967.5') 4. On sheet 6 of 10: Include in the legend a detail for the house pad call-outs (G (garage floor elevation), TF (top floor elevation), LL (lowest level elevation), WO (lowest opening)) for clarity; add note that silt fence around pond after grading shall be installed, reference SWPPP sheet, for clarity. 5 . On sheet 7 of I 0 : Plans shall be updated once a contractor and the erosion control installer is known; silt fence shall be adjusted to achieve "J-hooks" at construction entrance; illustrate construction entrance behind trail as trail is to remain open at all times; add note that the trail shall be cleaned/maintained to the maximum extent practicable; add note that when city Project No. 20-02 (Minnewashta Parkway Rehabilitation) begins the contractor shall adhere to any coordination ofconstruction activities required by the city; add call-outs for "construction traffic ahead" signage along trail warning pedestrians of the construction entrance. 6. On sheet 8 of l0: It is difficult to easily identifr tree call-outs and locations on the plans due to the colored image, update accordingly to achieve clarity. 7. On sheet 9 of 10: update call-out for topsoil to eliminate "mulch & disc anchor" due to the proximity to the lake and add "hydro-mulch" instead; illustrate both side slopes of road embankment to be 27o towards road, currently only the "right" side is called out, for clarity. 8. On sheet L-l "Landscape Plan": All trees located over storm sewer pipe or other storm sewer appurtenances shall be relocated to eliminate any conflicts (i.e. trees shall not be located over storm water PiPe). DE VELOPMENT CONTRACT The City Council approved the Development Contract for Boylan Shores. ATTACHMENTS 1. DevelopmentReviewApplication. 2. Final Plat Sheets stamped "Receiv ed May 22,2020". 3. DevelopmentContract. 7 COMMUNITY DEVELOPMENT DEPARTMENT 1 Planning Division —7700 Market Boulevard CITY OF CIIAN}L&SSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 IPhone: (952) 227-1300/Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW i` JSubmittalDatip-S( Q / a4-- PC Date: CC Date:(,/ /w 60-Day Review Date: Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 Subdivision (SUB) El Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 El Create over 3 lots 600 + $15 per lot El Conditional Use Permit(CUP) lots) Single-Family Residence 325 El Metes & Bounds (2 lots) 300 All Others 425 Consolidate Lots 150 Interim Use Permit(IUP) Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 E Final Plat 700 Includes $450 escrow for attorney costs)* 425AllOthers Additional escrow may be required for other applications through the development contract. El Rezoning (REZ) El Planned Unit Development (PUD) 750 El Vacation of Easements/Right-of-way (VAC) $300 El Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 El Variance (VAR) 200 El Sign Plan Review 150 Wetland Alteration Permit (WAP) El Site Plan Review(SPR) El Single-Family Residence 150 El Administrative 100 El All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of existing employees: CI Zoning Ordinance Amendment(ZOA) 500 Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Plus $5 per dwelling unit(units) Notification Sign (City to install and remove) 200 Property Owners' List within 500' (City to generate after pre-application meeting) 3 per address addresses) Escrow for Recording Documents (check all that apply) 50 per document Conditional Use Permit El Interim Use Permit Site Plan Agreement Vacation Cl Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.)El Easements ( easements) Deeds TOTAL FEE: 7 CX) Section 2: Required Information Description of Proposal: Three lot residential subdivision Property Address or Location:6760 Minnewashta Parkway 250051600 See Attached Parcel#: Legal Description: Total Acreage: 2.71 Wetlands Present? El Yes ll No Present Zoning: Single-Family Residential District(RSF) Requested Zoning: Single-Family Residential District(RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: Single Family Home Check box if separate narrative is attached. Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner. I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Laketown Builders. LLC. Contact: Harold Worrell Address: PO Box 89 Phone: 612) 501-8813 City/State/Zip: Waconia, MN 55387 Cell: Same Email: Harold@LaketownBuilders.com Fax: Signature: r Date: c5/ 2_4efc-r) PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to. and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees. feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Dale VVllenbring Contact Address: PO Box 89 Phone: 952) 715-2926 City/State/Zip:Waconia. MN 55387 Cell: Email: Dale@LaKe o nrnBuilders.com Fax: 2J} 1 2-Signature: p I Date: 5 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Campion Engineering Services Contact: Marty Campion Address: 1800 Pioneer Creek Center Phone: 763)479-5172 City/State/Zip: Maple Plain, MN 55359 Cell: 763)486-3799 Email: mcampion@campioneng.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: El Property Owner Via: El Email El Mailed Paper Copy Name: 0 Applicant Via: El Email El Mailed Paper Copy Address: 0 Engineer Via: El Email Mailed Paper Copy City/State/Zip: El Other* Via: El Email El Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FOr.. and deliver to city along with required documents and payment. SUBMIT FORA to send a digital copy to the city for processing.SAVE FORM PRINT FORM I SUBMIT FORM Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email:Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. 1,/ 1.6 Name: I s"' b 0 A. ( j Contact:4 K Z Address: h31 (o,,,,c al01-1's Utz.—Phone: V) YFLI f° 11 1City/State/Zip: -E cji ,,,A r 'LU' j_5. (Cell: Email: j Fax: ySignat re , t A-4\/„....4.1.e (.amu Date: 111y1/ 'f This appli ion must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Campion Engineering Services, Inc. Contact: Marty Campion Address: 1800 Pioneer Creek Center Phone: 763)479-5172 City/State/Zip: Maple Plain, Mn 55359 763)486-3799tYPCell: Email: mcampion@campioneng.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: EProperty Owner Via: 0 Email 111Mailed Paper Copy Name: Harold Worrell Applicant Via: Email Mailed Paper Copy Address: Engineer Via: E Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email:Harold@LaketownBuilders.com INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. 77.1;,7 FORT'!: and deliver to city along with required documents and payment. SUBMIT FORK: to send a digital copy to the city for processing. SAVE FORM 1 PRINT FORM SUBMIT FORM 1 10 COVER SHEET 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N PROJECT DIRECTORY N0°21'14"E 162.50GLENDALE DRIVE 2 10 EXISTING CONDITIONS & REMOVAL PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND N0°21'14"E 162.50GLENDALE DRIVE 3 10 COMPOSITE UTILITY PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND N0°21'14"E 162.504 10 SANITARY SEWER & WATERMAIN PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND ” ” ” “ ” N0°21'14"E 162.505 10 STREET & STORM SEWER PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND BIORETENTION TRENCH BIOFILTER DETAIL OUTLET CONTROL STRUCTURE 6 10 GRADING PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND TYP HOUSEPAD DETAIL EOF PROFILE ” – ” ” – ” GLENDALE DRIVE 7 10 STORM WATER POLLUTION PREVENTION PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND 8 10 TREE INVENTORY / REMOVAL PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND 55,169 SF 3,536 SF 10,596 SF 9 10 DETAILS 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N 10 10 DETAILS & NOTES 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N ’ ’ “” ’ ’ ’ ” 1 10 COVER SHEET 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N PROJECT DIRECTORY N0°21'14"E 162.50GLENDALE DRIVE 2 10 EXISTING CONDITIONS & REMOVAL PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND N0°21'14"E 162.50GLENDALE DRIVE 3 10 COMPOSITE UTILITY PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND N0°21'14"E 162.504 10 SANITARY SEWER & WATERMAIN PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND ” ” ” “ ” N0°21'14"E 162.505 10 STREET & STORM SEWER PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND BIORETENTION TRENCH BIOFILTER DETAIL OUTLET CONTROL STRUCTURE 6 10 GRADING PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND TYP HOUSEPAD DETAIL EOF PROFILE ” – ” ” – ” GLENDALE DRIVE 7 10 STORM WATER POLLUTION PREVENTION PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND 8 10 TREE INVENTORY / REMOVAL PLAN 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N LEGEND 55,169 SF 3,536 SF 10,596 SF 9 10 DETAILS 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N 10 10 DETAILS & NOTES 19-031 04/17/2020 BOYLAN SHORES LAKETOWN HOMES CHANHASSEN, MN N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning N ’ ’ “” ’ ’ ’ ” CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BOYLAN SHORES DEVELOPMENT CONTRACT (Developer Installed Improvements) i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. LOT PLANS ................................................................................................................. GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-5 20. HOUSE PADS .............................................................................................................. GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 22. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 E. Severability ....................................................................................................... GC-7 ii F. Building Permits ............................................................................................... GC-7 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-8 K. Assignability ..................................................................................................... GC-8 L. Construction Hours ........................................................................................... GC-8 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-9 Q. Soil Treatment Systems .................................................................................... GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions................................................................................................ GC-10 V. Soil Correction ................................................................................................ GC-10 W. Haul Routes ......................................................................................................... GC-10 X. Development Signs .............................................................................................. GC-10 Y. Construction Plans ............................................................................................... GC-10 Z. As-Built Lot Surveys ........................................................................................... GC-11 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) BOYLAN SHORES SPECIAL PROVISIONS AGREEMENT dated June 22, 2020 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Laketown Builders, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for BOYLAN SHORES (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved May 22, 2020, prepared by Wenck Associates. Plan B: Grading, Drainage and Erosion Control Plan dated May 22, 2020, prepared by Campion Engineering Services, Inc. Plan C: Plans and Specifications for Improvements dated May 22, 2020, prepared by Campion Engineering Services, Inc... Plan D: Landscape Plan dated May 22, 2020, prepared by Campion Engineering Services, Inc. SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2020. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $198,330.79. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 50,847.50 Sanitary Sewer $ 7,591.00 Watermain $ 22,135.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 30,695.00 Streets $ 54,145.00 Sub-total, Construction Costs $ 165,413.50 Engineering, surveying, and inspection (7% of construction costs) $ 11,578.95 Landscaping (2% of construction costs) $ 3,308.27 Sub-total, Other Costs $ 14,887.22 TOTAL COST OF PUBLIC IMPROVEMENTS $ 180,300.72 SECURITY AMOUNT (110% of 180,300.72) $ 198,330.79 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at SP-3 least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Dale Willenbring Laketown Builders, LLC PO BOX 89 Waconia, MN 55387 Phone: 612-501-8813 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES 1. A $198,330.79 letter of credit or escrow for the developer-installed improvements, the $4,962.41 cash administration fee and the fully-executed development contract must be submitted and shall be submitted prior to scheduling a pre-construction meeting. B. The developer agrees to implement the recommendations listed in the June 22, 2020 staff report. Engineering: 1. The installation of a contiguous curb consistent with the Minnewashta Parkway corridor shall be constructed where the existing driveway access is located (see City Detail Plate #5203) immediately after the construction entrance at the location has been permanently removed. 2. The applicant shall provide adequate right-of-way (ROW) over the entirety of the trail along the west side of Minnewashta Parkway. This ROW shall align with the newly subdivided property to the north to ensure continuity and will be reviewed and approved by the city prior to recording of final plat. SP-4 3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created lots. 4. Covenants addressing the maintenance and snow plowing operations of the private street shall be filed against all benefiting properties and submitted to the city for review and approval prior to recording of final plat. 5. An updated SWPPP shall be submitted as plans are finalized, when the contractor and their sub-contractors are identified, and as other conditions change. Review and approval of the standalone document is required prior to any grading. 6. The newly extended 6” C900 water main shall be publicly owned and maintained. 7. The applicant’s contractor shall field verify the serviceability of the existing sanitary sewer service for Lot 2. This shall be accomplished via CCTV which will be provided to the city prior to connection of the existing sanitary sewer lateral. 8. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to ensure the technical expertise and funding mechanisms for the operation and maintenance of the private street and stormwater treatment devices. 9. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator, or their designee, and recorded against the properties that details the HOA’s permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as designed. 10. A stormwater management plan shall be reviewed and approved prior to recording of final plat. This is to ensure the stormwater management BMPs will adequately be encompassed by drainage and utility easements recorded with the final plat. 11. The applicant’s contractors shall adhere to any coordination of construction activities required by the City as a Capital Improvement Project No. 20-02 (Minnewashta Parkway Rehabilitation) is scheduled to occur adjacent to the property in 2021. 12. The applicant shall provide design calculations that meet a 7-ton design for review and approval by the City prior to approval of construction plans. 13. The provided stormwater model shall be updated to correctly identify the appropriate pipe type (HDPE not RCP) for the primary routing device (Device #1) of Pond 2P. 14. The final plat will not be recorded until all conveyance of real property to achieve the layout of Outlot A is secured as reflected in the final plat dated May 22, 2020. This includes conveyance of a portion of Outlot B (Glendale Drive Homes Subdivision) owned by the City and a portion of property owned by Lot 1 Block 2 Country Oaks. SP-5 Construction Plan Review: 1. On sheet 2 of 10: All existing utilities, both public and private, shall be shown on the existing conditions plans (e.g. the public storm sewer is not shown extending northeast along and under Minnewashta Parkway) to avoid conflicts with existing and proposed utilities; a note shall be added to the affect that erosion and sediment control BMPs shall be installed prior to removal and to direct the plan holder that the SWPPP is on Sheet 7 of 10. 2. On sheet 4 of 10: Note 8 correctly addresses City Code regarding the location of the curb stop at the property line, however the plans illustrate the curb stop at the D&U line, update plans accordingly (locate curb stops at property line and not D&U line); the sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in 2021; the plan sheets should be updated to show the full extents of the property as depicted by the plat (e.g. the northwest corner does not extend to the property lines); the plan sheets should be updated to correctly illustrate the drainage and utility easements on Outlots as reflected on the final plat; Lot 3’s sanitary sewer service WYE should be updated to 10”x6” to correctly reflect the size of main being tapped, this tap shall occur prior to the commencement of city Project No. 20-02 in 2021 and should be noted; the call-out and leader for Lot 2 “utilizing existing service” must be updated to clearly show only one service (sanitary) to remain; as a gate valve at the wet tap will be required for proper installation, no additional gate valves shall be located within the curb at Country Oaks Drive as illustrated; 3. On sheet 5 of 10: Add call-out or note for where the contractor can find the detail for the street construction, for clarity; the plans illustrate draintile to be installed underneath the 12”HDPE inlet pipe that connects to the outlet control structure and should be adjusted around the inlet pipe for constructability and future maintenance needs; the profile shows the connection to the existing catch basin within Minnewashta Parkway, update profile call-outs to identify existing catch basin type (2’x3’) and ensure feasibility of connection; the storm manhole immediately upstream of the existing catch basin shall be relocated wholly outside public right-of-way; the bio retention trench detail shall be updated to include an impermeable liner around the BMP; the bio retention trench detail illustrates one foot of filter media while the stormwater management report calls out 18” to meet filtration requirements, plans shall be updated accordingly; the bio retention trench detail shall include elevations (e.g. as proposed the bottom of the ponded volume would be 967.5’) 4. On sheet 6 of 10: Include in the legend a detail for the house pad call-outs (G (garage floor elevation), TF (top floor elevation), LL (lowest level elevation), WO (lowest opening)) for clarity.; add note that silt fence around pond after grading shall be installed, reference SWPPP sheet, for clarity. SP-6 5. On sheet 7 of 10: Plans shall be updated once a contractor and the erosion control installer is known; silt fence shall be adjusted to achieve “J-hooks” at construction entrance; illustrate construction entrance behind trail as trail is to remain open at all times; add note that the trail shall be cleaned/maintained to the maximum extent practicable; add note that when city Project No. 20-02 (Minnewashta Parkway Rehabilitation) begins the contractor shall adhere to any coordination of construction activities required by the City; add call-outs for “construction traffic ahead” signage along trail warning pedestrians of the construction entrance. 6. On sheet 8 of 10: It is difficult to easily identify tree call-outs and locations on the plans due to the colored image, update accordingly to achieve clarity. 7. On sheet 9 of 10: update call-out for topsoil to eliminate “mulch & disc anchor” due to the proximity to the lake and add “hydro-mulch” instead; illustrate both side slopes of road embankment to be 2% towards road, currently only the “right” side is called out, for clarity. 8. On sheet L-1 “Landscape Plan”: All trees located over storm sewer pipe or other storm sewer appurtenances shall be relocated to eliminate any conflicts (i.e. trees shall not be located over storm water pipe). Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for two of the three lots. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single-family park fee rate of $5,800 per dwelling, the total park fees would be $ 11,600. Environmental Resources Coordinator: 1. Tree planting requirements on each lot are as follows: Lot 1: 1 overstory deciduous, 8 evergreens; Lot 2: 2 deciduous overstory, 5 evergreens; Lot 3: 5 deciduous overstory, 3 evergreens. 2. Any tree removal on Outlots C or D shall be replaced with 2:1 diameter inch trees on the same outlot. 3. Tree preservation fencing must be installed around trees proposed to be saved prior to any construction activities. Planning: 1. Approval of the subdivision is contingent upon the applicant securing the segment of property, to allow the applicant to achieve a 30-foot frontage on a public ROW off of SP-7 Country Oaks Drive and the City Council approving the transfer of Outlot B of Glendale Homes Drive Subdivision from the city to the applicant. 2. Outlots B and C shall not be considered developable separate parcels. These outlots may not be used as an association beach lot. Outlot B may not be sold separately from Lot 3, Block 1 and Outlot C may not be sold separately from Lot 2, Block 1.” 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-8 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20__, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC SP-9 Laketown Builders, LLC: BY: Dale Willenbring, President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20__, by Dale Willenbring, President of Laketown Builders, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot B, GLENDALE DRIVE HOMES, according to the record plat thereof, Carver County, Minnesota. AND: That part of Government Lot 5, Section 5, Township 116, Range 23 West, Carver County, Minnesota, being described as follows: Beginning at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5, Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North 162.5 feet; thence East and parallel with the South line of said Government Lot 5, 766.9 feet to the shore of Lake Minnewashta; thence southwest along said lake shore 187.0 feet more or less to a point 674.28 feet East of the place of beginning; thence West 674.28 feet to the place of beginning. EXCEPT that part described as follows: Commencing at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5, Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North 132.50 feet; thence East and parallel with the South line of said Government Lot 5, a distance of 10.00 feet; thence South 132.50 feet at right angles to said South line of Government Lot 5; thence deflecting right 90 degrees for a distance of 10.00 feet to the point of beginning. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding GC-2 with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC-3 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the GC-4 escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. . At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in GC-5 the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. GC-6 D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City GC-7 shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time GC-8 to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC-9 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. GC-10 W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev. 3/31/06 CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Resolution 2020XX: Authorize Entering into a Cooperative Agreement with MnDOT for the ChanhassenCrossroads Boulevard Planting Project Section CONSENT AGENDA Item No: D.6. Prepared By Jill Sinclair, Environmental Resources Coordinator File No: PROPOSED MOTION “The City Council adopts a resolution to enter into a Cooperative Agreement with MnDOT for the Chanhassen Crossroads Boulevard Planting Project.” Approval requires a Simple Majority Vote of members present. DISCUSSION Staff received approval from Minnesota Department of Transportation (MnDOT) to install landscaping at the intersection of TH 101 and Lyman Boulevard.This project was a continuation of the annual Rotary spring planting project along TH 101.Volunteers with the Rotary Club of Chanhassen have been installing boulevard trees along TH 101 starting at Highway 5 and moving south each year.This is the third year that the Chanhassen Rotary and city have collaborated on a project.The planting site for 2020 was at the intersection of Highway 101 and Lyman Boulevard. The rightofway along Highway 101 is under MnDOT’s authority and permission from the agency was needed. Earlier this year, MnDOT authorized the project and, now, to complete the project, the city is required to enter into a Cooperative Agreement with MnDOT which allows the city to have trees within the rightofway and to maintain them in the future.This resolution authorizes the Mayor and City Manager to sign the Agreement. RECOMMENDATION Staff recommends that the City Council adopt the motion. ATTACHMENTS: Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 22, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: RESOLUTION ENTERING INTO MnDOT LANDSCAPE PARTNERSHIP COOPERATIVE AGREEMENT NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota that the City of Chanhassen enter into MnDOT Agreement No. 1044262 with the State of Minnesota Department of Transportation for the following purposes: To provide for access by the city to State Trunk Highway Right-Of-Way to install and maintain landscape materials acquired by the city and installed at the city's expense adjacent to Trunk Highway No. 212 on County State Aid Highway No. 101/Great Plains Boulevard from Crossroads Boulevard to Lyman Boulevard under State Project No. 1017-969 (T.H. 212=260). BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Passed and adopted by the Chanhassen City Council this 22nd day of June, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Resolution 2020XX: Establish Two New Polling Place Locations for the 2020 Elections Section CONSENT AGENDA Item No: D.7. Prepared By Kim Meuwissen, Office Manager File No: PROPOSED MOTION “The City Council adopts a resolution establishing two new polling place locations in Chanhassen for 2020 elections.” Approval requires a Simple Majority Vote of members present. BACKGROUND Minnesota State Statute 204B.16 Subdivision 1 requires that by December 31st of each year, the governing body of each municipality designate by ordinance or resolution a polling place for each election precinct for the following calendar year. For 2020, the following polling places were designated for each election precinct in Chanhassen: Precinct Location 1A Chanhassen Fire Station, 7610 Laredo Drive 1B Chanhassen City Hall, 7700 Market Boulevard 2A Chanhassen Recreation Center, 2310 Coulter Boulevard 2B Chanhassen Recreation Center, 2310 Coulter Boulevard 3 Westwood Community Church, 3121 Westwood Drive 4 Chanhassen Public Works Building, 7901 Park Place 5 Living Christ Lutheran Church, 820 Lake Drive Hennepin County 1 Chanhassen City Hall, 7700 Market Boulevard Hennepin County 2 Chanhassen Recreation Center, 2310 Coulter Boulevard Since adoption of the resolution designating these locations on December 9, 2019, two of the designated polling locations have changed as follows: Precinct Approved Location Proposed Location 1A Chanhassen Fire Station 7610 Laredo Drive Chanhassen Library 7711 Kerber Boulevard 5 Living Christ Lutheran Church 820 Lake Drive St. Hubert Catholic Church 8201 Main Street CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectResolution 2020XX: Establish Two New Polling Place Locations for the 2020 ElectionsSectionCONSENT AGENDA Item No: D.7.Prepared By Kim Meuwissen, Office Manager File No: PROPOSED MOTION“The City Council adopts a resolution establishing two new polling place locations in Chanhassen for 2020elections.”Approval requires a Simple Majority Vote of members present.BACKGROUNDMinnesota State Statute 204B.16 Subdivision 1 requires that by December 31st of each year, the governing body of eachmunicipality designate by ordinance or resolution a polling place for each election precinct for the following calendaryear. For 2020, the following polling places were designated for each election precinct in Chanhassen:Precinct Location1AChanhassen Fire Station, 7610 Laredo Drive1BChanhassen City Hall, 7700 Market Boulevard2AChanhassen Recreation Center, 2310 Coulter Boulevard2BChanhassen Recreation Center, 2310 Coulter Boulevard3Westwood Community Church, 3121 Westwood Drive4Chanhassen Public Works Building, 7901 Park Place5Living Christ Lutheran Church, 820 Lake DriveHennepin County 1 Chanhassen City Hall, 7700 Market BoulevardHennepin County 2 Chanhassen Recreation Center, 2310 Coulter BoulevardSince adoption of the resolution designating these locations on December 9, 2019, two of the designated pollinglocations have changed as follows:Precinct Approved Location Proposed Location1AChanhassen Fire Station7610 Laredo Drive Chanhassen Library7711 Kerber Boulevard 5 Living Christ Lutheran Church 820 Lake Drive St. Hubert Catholic Church 8201 Main Street The Chanhassen Fire Station was recently remodeled to house onduty firefighters during scheduled duty crew shifts including overnights and is no longer available to use as a voting precinct. As a result of COVID19, Living Christ Lutheran Church has decided not to allow use of the church as a polling place due to the proximity of their inhouse daycare to the area used for elections. St. Hubert Catholic Church has accepted our request to move Precinct 5 to their facility. To note, Precinct 5 was located in St. Hubert's in past years. The facility is well suited to house an election. The Chanhassen Library (Thornton Wilder Room) also accepted our request to move Precinct 1A to their facility. With Precinct 1B located just across City Center Park Plaza in city hall, election parking for both precincts will be somewhat challenging. Signage will be provided directing Precinct 1A voters to park in and on top of the library parking ramp as well as along Kerber Boulevard. The library would like to keep the turnaround open for library patrons picking up books. RECOMMENDATION Staff recommends that the City Council approve a resolution designating two new polling place locations in Chanhassen for 2020 elections. ATTACHMENTS: Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 22, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: RESOLUTION ESTABLISHING TWO NEW POLLING PLACE LOCATIONS IN CHANHASSEN FOR THE 2020 ELECTIONS WHEREAS, Minnesota State Statute 204B.16 Subdivision 1 requires that by December 31 of each year, the governing body of each municipality designate by ordinance or resolution a polling place for each election precinct for the following calendar year’ and WHEREAS, On December 9, 2019, Resolution 2019-58 was adopted designating polling place locations for the 2020 elections; and WHEREAS, since adopting Resolution 2019-58, two of the designated polling place locations (Precinct 1A and Precinct 5) became unavailable; and WHEREAS, on Tuesday, May 12, 2020 Minnesota Governor Tim Walz signed into law an election bill authorizing election administrators to designate new polling places up until July 1, 2020. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that the polling place for Precinct 1A be moved from Fire Station No. 1 located at 7610 Laredo Drive to the Chanhassen Library located at 7711 Kerber Boulevard; and BE IT FURTHER RESOLVED that the polling place for Precinct 5 be moved from Living Christ Lutheran Church at 820 Lake Drive to St. Hubert Catholic Church at 8201 Main Street. Passed and adopted by the Chanhassen City Council this 22nd day of June, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject 2020 4th of July Fireworks Display Closure of Greenwood Shores Park Section CONSENT AGENDA Item No: D.8. Prepared By Jerry Ruegemer, Don Johnson, Lance Pearce, Adam Beers & Priya Tandon File No: PROPOSED MOTION “The City Council approves the closure of Greenwood Shores Park at 5:00 pm on July 4th with no fireworks viewing permitted. Approval requires a Simple Majority Vote of members present. SUMMARY At the June 8th City Council meeting the Council voted in favor to approve the 4th of July Fireworks plan which included closing Lake Ann Park at 5:00 pm on July 4th in order to comply with the current public gathering executive order guidelines. With Lake Ann Park being closed at 5:00 pm on July 4th, the Greenwood Shores neighborhood which is located Northeast of Lake Ann, has expressed concern that their neighborhood will see an increase in fireworks spectators. Traditionally Greenwood Shores Park has been a gathering spot to watch the city's July 4th fireworks display with 300+ people in attendance and that number is likely to increase this year with the closure of Lake Ann Park. To stay consistent with closing Lake Ann Park at 5:00 pm for the fireworks display and with Greenwood Shores Park being located on Lake Ann, the 4th of July planning committee is recommending to close Greenwood Shores Park at 5:00 pm on July 4th to comply with the current executive order from Governor Walz since this gathering of more than 250 people would be in violation. 6:00 am – 5:00 pm – Greenwood Shores Park will be open to enjoy the day with your family and friends and to celebrate our nation's independence. Park users are expected to practice safe social distancing established by the MDH and CDC guidelines. At 5:00 pm the park will be closed and guests will be required to leave to allow ample time for a casual emptying of the park. The Carver County Sheriff’s Office will assist with ensuring the park empties out by the start of the display. The closing of the park is only necessary to ensure the city is meeting the current Executive Orders and MDH Guidelines in place If approved the Greenwood Shore neighbors will be notified of the July 4th park closure. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, June 22, 2020Subject2020 4th of July Fireworks Display Closure of Greenwood Shores ParkSectionCONSENT AGENDA Item No: D.8.Prepared By Jerry Ruegemer, Don Johnson, LancePearce, Adam Beers & Priya Tandon File No: PROPOSED MOTION“The City Council approves the closure of Greenwood Shores Park at 5:00 pm on July 4th with no fireworksviewing permitted.Approval requires a Simple Majority Vote of members present.SUMMARYAt the June 8th City Council meeting the Council voted in favor to approve the 4th of July Fireworks plan whichincluded closing Lake Ann Park at 5:00 pm on July 4th in order to comply with the current public gathering executiveorder guidelines.With Lake Ann Park being closed at 5:00 pm on July 4th, the Greenwood Shores neighborhood which is locatedNortheast of Lake Ann, has expressed concern that their neighborhood will see an increase in fireworks spectators. Traditionally Greenwood Shores Park has been a gathering spot to watch the city's July 4th fireworks display with300+ people in attendance and that number is likely to increase this year with the closure of Lake Ann Park. To stayconsistent with closing Lake Ann Park at 5:00 pm for the fireworks display and with Greenwood Shores Park beinglocated on Lake Ann, the 4th of July planning committee is recommending to close Greenwood Shores Park at 5:00pm on July 4th to comply with the current executive order from Governor Walz since this gathering of more than 250people would be in violation. 6:00 am – 5:00 pm – Greenwood Shores Park will be open to enjoy the day with your family and friends and tocelebrate our nation's independence. Park users are expected to practice safe social distancing established bythe MDH and CDC guidelines.At 5:00 pm the park will be closed and guests will be required to leave to allow ample time for a casual emptying of thepark. The Carver County Sheriff’s Office will assist with ensuring the park empties out by the start of the display. Theclosing of the park is only necessary to ensure the city is meeting the current Executive Orders and MDH Guidelines inplace If approved the Greenwood Shore neighbors will be notified of the July 4th park closure. RECOMMENDATION The City Council approves the closure of Greenwood Shores Park at 5:00 pm on July 4th with no fireworks viewing permitted. CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject State of the Library Heidi Hoks and Patrick Jones Section VISITOR PRESENTATIONS Item No: E.1. Prepared By File No: ATTACHMENTS: PowerPoint Presentation Public Services –Library Carver County Library Chanhassen Branch C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library •30,749 new materials added to the collection •Books: regular, large print and graphic novels •DVDs and music CDs •Books on CD •Digital content C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library •Circulation 372,340 •Visitors 244,652 •New library cards 3,066 •Volunteer Hours 2,523 •Computer sign-in 20,720 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library •Storytimes 181 •Storytime attend 8,672 •Child programs 111 •Program attend 6,521 •Adult programs 137 •Program attend 2,175 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Place to study Place to volunteer C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Place for teens to volunteer Place for teens to work C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Place to sing Place to dance C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Winter Reads for adults Summer Reading for kids C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Crafts for adults Crafts for kids C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Music in March Arts in April C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Summer reading performers Summer Reading STEM C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Cool stuff for kids More cool stuff for kids C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Author Leif Enger Author Nora McInerny C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Author J. Ryan Stradal Talking about books and authors C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Started March: Curbside pickup Started June: Computer access C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Contact us… Heidi Hoks, County Library Director hhoks@co.carver.mn.us Patrick Jones, Chanhassen Branch manager pjones@co.carver.mn.us CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.1. Prepared By Don Johnson, Fire Chief File No: SUMMARY Monthly fire department update with response data from May. ATTACHMENTS: Narrative Graphs and Charts TO: Todd Gerhardt, City Manager FROM: Don Johnson, Fire Chief DATE: June 22, 2020 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 44 of 45 paid on-call firefighters. To date, the department remains healthy with only brief outages by a few firefighters since March 20th. The day shift duty crew shifts related to COVID wrapped up at the end of May. Many of the firefighters have returned to work and it was becoming difficult to fill the time slots. I am extremely proud of the staff as the program was beneficial from March 20 until the last shift filled on May 30th. Call breakdowns during that time; 1 Chief Only 162 Duty Crew Calls 18 General Alarms ____ 181 Total Calls Average Response for Engine: 5:42 Fire Department Response The fire department responded to (77) calls for service in May. With the additional duty crew shifts, most calls after March 20th were responded to by only a crew of 3. Additionally, flu like symptoms calls as a chief complaint were not responded to if no other life safety issues existed. Call Breakdown for the month: 1 Chief Only 69 Duty Crew 7 General Alarms Todd Gerhardt Fire Department Update Page 2 Significant calls for May included the following: • (40) Rescue/EMS calls with (4) motor vehicle accidents. • (6) Fire Responses o Building Fire on Commonwealth o Mutual Aid Structure Fire in Eden Prairie o Grass Fire on Hwy 5 o Electrical Equipment Fire on Big Woods o Cooking Fire on Valley Ridge o Outside Trash Fire (unauthorized burning) Monthly Training • Group training was again canceled in April and May however, duty crew training was implemented insuring 4 hours of training for each firefighter that occurred while they were working a shift each month. • Department supervisors continued to meet twice a month on Zoom to stay on top of department events. • Fire Officers met for the first time in June within Executive Order Compliance. Other Activities • I had the pleasure to work several days in April/May at the State Emergency Operations Center. The team I was assigned to did work to support a plan to open alternative care sites and critical re supply of Long Term Care facility with positive cases. It was rewarding to represent the City of Chanhassen at the state level. • NFPA/OSHA Required Ladder testing on Truck 1 was completed in June. No maintenance issues identified • NFPA Required Pump testing occurred in June on all fire apparatus. Minor maintenance issues identified and being addressed by Public Works • Planning continued for 4th of July fireworks addressing Lake Ann Park and Citywide Response protocols. • An updated version of the Firefighter Handbook was posted electronically with personnel related rules based on the expanded duty crews. Good standing and Training requirements were adjusted and all firefighters were provided electronic access. Fire Marshal Council Update for May 2020 Fire inspections are picking back up. Some highlights: • Camp Tanadoona – completed all life safety systems testing and certification for new Dining Hall. • Met with owners and contractors working on upgrading and remodeling 2100 Stoughton Ave. East end of building given occupancy for storage for new tenant. Working with Olsen Fire on Todd Gerhardt Fire Department Update Page 3 updating the sprinkler system, adding hydrants, and making the building safer to accommodate new tenants for the west end. Upgrade of the sprinkler system and extending it into the west section of the warehouse will allow for additional occupancies to be considered for the space. Fire Call Response • I filled in for several shifts on our COVID-19 day duty crews at the station. Was nice to focus on just fire response for a change and take the opportunity to do some training with some of our personnel. COVID-19 • I have been involved in multiple update meetings each week with the MN Fire Chiefs Task Force and providing updates to our department and the city. • Working with local businesses to assist them in figuring occupancy allowances that go along with each phase of MN Governor’s Executive Orders. Civil Unrest • I have been asked to be on call for assistance to Minneapolis and St. Paul for fire investigation should the need arise. The fires set during the civil unrest left their investigations departments stretched thin. 0 10 20 30 40 50 60 70 80 Mar Apr May 2020 Calls by Month and Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 71 50 66 79 86 76 66 72 84 85 85 101 94 88 76 64 71 88 102 85 85 79 84 86 80 75 65 79 77 20 30 40 50 60 70 80 90 100 110 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2018 2019 2020 691 690 753 921 1,002 905 0 200 400 600 800 1000 1200 2015 2016 2017 2018 2019 2020 Projected Calls for Service by Year Rescue & Emergency Medical Service 60% Alarm Calls 11% Good Intent Call 12% Hazardous Condition 5% Service Call 7% Fire 5% 2020 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire S 13% M 13% T 14% W 17% TH 13% F 14% Sa. 16% 2020 CALLS BY DAY OF WEEK 0 50 100 150 200 250 12-4a 4-8a 8-12p 12-4p 4-8p 8-12a CALLS BY TIME OF DAY 2018 2019 2020 ³CH±"F) "F) !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( Date Created: 6/9/2020 Document Path: K:\Departments\Fire\FireIncidents_RMS\2020-05(May)\FireIncidentMap_May2020\FireIncidentMap_May2020.aprxCreated By: City of Chanhassen - Fire Department³CH±City Hall "F)Fire Station Railroad Rivers Lakes Parks Parcel Boundaries Fire Box Alarm Zones North Box South Box West Box City of Chanhassen Fire Calls for Service - May 2020 µ0 4,000 Feet 0 0.5 Mile Basic Incident Date Time: Incident Type (Fd1.21): Elite mnfirereport Incident Type Report (Summary) Incident Type Total Incidents Total Incidents % of Incidents Total Property Loss Total Content Loss Total Loss Incident Type Category: 1 - Fire 111 - Building fire 2 2.6%500 500 1,000 113 - Cooking fire, confined to container 1 1.3% 143 - Grass fire 1 1.3% 150 - Outside rubbish fire, other 1 1.3% 162 - Outside equipment fire 1 1.3%50,000 0 50,000 Total: 6 Total: 7.8%Total: 50,500 Total: 500 Total: 51,000 Incident Type Category: 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident with injury 35 45.5% 322 - Motor vehicle accident with injuries 3 3.9% 324 - Motor vehicle accident with no injuries.1 1.3% 350 - Extrication, rescue, other 1 1.3% Total: 40 Total: 51.9%Total: 0 Total: 0 Total: 0 Incident Type Category: 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG)2 2.6% 424 - Carbon monoxide incident 1 1.3% 445 - Arcing, shorted electrical equipment 1 1.3% 480 - Attempted burning, illegal action, other 1 1.3% Total: 5 Total: 6.5%Total: 0 Total: 0 Total: 0 Incident Type Category: 5 - Service Call 550 - Public service assistance, other 1 1.3% 551 - Assist police or other governmental agency 1 1.3% 552 - Police matter 1 1.3% 553 - Public service 2 2.6% 571 - Cover assignment, standby, moveup 1 1.3% Total: 6 Total: 7.8%Total: 0 Total: 0 Total: 0 Incident Type Category: 6 - Good Intent Call 611 - Dispatched and cancelled en route 3 3.9% 6111 - EMS Dispatched and cancelled en route 7 9.1% 622 - No incident found on arrival at dispatch address 1 1.3% 651 - Smoke scare, odor of smoke 1 1.3% Total: 12 Total: 15.6%Total: 0 Total: 0 Total: 0 Incident Type Category: 7 - False Alarm & False Call 735 - Alarm system sounded due to malfunction 2 2.6% 745 - Alarm system activation, no fire - unintentional 3 3.9% 746 - Carbon monoxide detector activation, no CO 3 3.9% Total: 8 Total: 10.4%Total: 0 Total: 0 Total: 0 Total: 77 Total: 100.0%Total: 50,500 Total: 500 Total: 51,000 Report Filters is between '5/1/2020' and '5/31/2020' Report Criteria Is Not Blank Printed On: 06/08/2020 01:02:04 PM1 of 1 CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.2. Prepared By Lt. Lance Pearce, CCSO File No: ATTACHMENTS: Cover memo May 2020 Calls for Service NIBRS codes Monthly breakdown Page 1 Memo TO: Mayor Ryan; Council Members Tjornholm, McDonald, Campion and Coleman FROM: Lieutenant Lance Pearce DATE: June 12, 2020 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting June 22, 2020 for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen May 2020 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen May 2020 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen May 2020 Citation Summary. 4. Training update: Range Qualification Lieutenant Chanhassen Office May 2020 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Activity=939 42 8 480 409 Felony Misdemeanor Non Criminal Traffic May 2020 Types of Calls CFS=939 0 5 10 15 20 25 30 Felony Assault Felony Theft Drug Felony Other May 2020 Group A 0 20 40 60 80 100 120 May 2020 Non Criminal CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Resolution 2020XX: Call for Public Hearing on proposed assessments for Lake Lucy Road Rehabilitation Project Section OLD BUSINESS Item No: G.1. Prepared By George Bender, Assistant City Engineer File No: ENG 2003 PROPOSED MOTION “The City Council adopts a resolution calling for the assessment hearing for the Lake Lucy Road Rehabilitation Project (City Project 2003) on Monday, July 13, 2020.” Approval requires a Simple Majority Vote of members present. BACKGROUND On November 7, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On November 22, 2019, the Engineering Department received three proposals from consultants for professional services for the Lake Lucy Road project. On December 9, 2019, the City Council approved a consultant contract with WSB & Associates and authorized preparation of a feasibility study for the project. On January 28, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public. Notifications were sent to residents in the nearby areas who will be affected by the project. On April 13, 2020, the City Council accepted the feasibility study and called a Public Hearing to be held on April 27, 2020. On April 27, 2020, the City Council hosted a Public Hearing and ordered the improvements including preparation of plans and specifications for the project. On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. DISCUSSION Lake Lucy Road is a collector street located on the east side of Lake Minnewashta between State Highway 41 (Hazeltine Boulevard) and County Road 117 (Galpin Boulevard). The pavement rehabilitation is needed for this section of street. The city's fiveyear Capital Improvement Plan has planned for the rehabilitation of Lake Lucy Road in 2020. Staff utilized the city's pavement management program and site investigations to determine the project limits as shown in Figure 1. The project includes a 0.66mile long urbanized street corridor. The existing road section was originally constructed in segments between 1994 and 1998. Figure 1: Project Area Map Lake Lucy Road is designated as a Municipal State Aid (MSA) route. State Aid funding and special assessments are planned to be utilized to finance the street improvements. City utility funds will be used for funding any necessary utility improvements. CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectResolution 2020XX: Call for Public Hearing on proposed assessments for Lake Lucy Road Rehabilitation ProjectSectionOLD BUSINESS Item No: G.1.Prepared By George Bender, Assistant City Engineer File No: ENG 2003PROPOSED MOTION“The City Council adopts a resolution calling for the assessment hearing for the Lake Lucy Road Rehabilitation Project (City Project 2003) on Monday,July 13, 2020.”Approval requires a Simple Majority Vote of members present.BACKGROUNDOn November 7, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On November 22, 2019, the Engineering Department received three proposals from consultants for professional services for the Lake Lucy Road project.On December 9, 2019, the City Council approved a consultant contract with WSB & Associates and authorized preparation of a feasibility study for theproject.On January 28, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public. Notifications were sent toresidents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility study and called a Public Hearing to be held on April 27, 2020.On April 27, 2020, the City Council hosted a Public Hearing and ordered the improvements including preparation of plans and specifications for the project.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project.DISCUSSIONLake Lucy Road is a collector street located on the east side of Lake Minnewashta between State Highway 41 (Hazeltine Boulevard) and County Road 117(Galpin Boulevard). The pavement rehabilitation is needed for this section of street. The city's fiveyear Capital Improvement Plan has planned for therehabilitation of Lake Lucy Road in 2020. Staff utilized the city's pavement management program and site investigations to determine the project limits asshown in Figure 1. The project includes a 0.66mile long urbanized street corridor. The existing road section was originally constructed in segments between1994 and 1998.Figure 1: Project Area Map Lake Lucy Road is designated as a Municipal State Aid (MSA) route. State Aid funding and special assessments are planned to be utilized to finance the street improvements. City utility funds will be used for funding any necessary utility improvements. The estimated project costs* from the updated cost estimate delivered with the plans and specifications are as follows: * The estimated project costs include a 5% contingency and 10% indirect cost. The project is proposed to be assessed to the adjacent benefiting properties per the City's Assessment Practice. Lake Lucy Road is a collector roadway. As such, the assessable street rehabilitation costs have been prorated to reflect a standard residential street width of 31 feet. The assessable costs have also been prorated to reflect the assessable front footage of the benefiting properties along Lake Lucy Road through the project area. The front footage of benefiting properties is 48%. The assessment cost summary including an updated preliminary assessment amount based on the updated cost estimate is as follows: Per State Statute, the City Council must call for an assessment hearing and publish the hearing date at least two weeks prior to the hearing. Staff will publish the notice in the June 25, 2020 edition of the Chanhassen Villager. This schedule provides over two weeks’ time between the publication date and the assessment hearing on July 13, 2020. Schedule The proposed remaining project schedule is as follows: RECOMMENDATION Staff recommends adoption of the resolution calling the assessment hearing for the project. ATTACHMENTS: Resolution 20XX CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 22, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION CALLING FOR THE ASSESSMENT HEARING FOR THE LAKE LUCY ROAD REHABILITATION PROJECT (CITY PROJECT 20-03) WHEREAS, Minnesota State Statute 429 regarding special assessments for public improvement projects requires City Council to officially set the assessment hearing date for capital improvement projects; and WHEREAS, the Lake Lucy Rehabilitation project bids were received on June 18th, 2020; and WHEREAS, a public open house will be scheduled ahead of the assessment hearing to review the proposed project improvements and assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that: 1. A hearing shall be held on the 13th day of July, 2020 in the Council Chambers at City Hall at 7:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvements. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment rolls not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Chanhassen, except that no interest shall be charged if the entire assessment is paid by October 1 of the year the assessment is adopted. The property owner may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Passed and adopted by the Chanhassen City Council this 22nd day of June, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Resolution 2020XX: Call for Public Hearing on proposed assessments for 2020 Street Improvement Project Section OLD BUSINESS Item No: G.2. Prepared By George Bender, Assistant City Engineer File No: ENG 2005 PROPOSED MOTION “The City Council adopts a resolution to calling for the assessment hearing for the 2020 Street Improvement Project (City Project 2005) on Monday, July 13, 2020.” Approval requires a Simple Majority Vote of members present. BACKGROUND On November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services. On January 13, 2020, the City Council approved a contract with KimleyHorn & Associates and authorized preparation of a feasibility study. On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public. Notifications were sent to residents in the nearby areas who will be affected by the project. On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to be held on April 27, 2020. On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. DISCUSSION The scope of the 2020 City Pavement Rehabilitation Project consists of six neighborhood areas (reference attached 2020 Local Pavement Rehabilitation map). All of these roads have deteriorated over the years and are in need of rehabilitation. The City's 5year Capital Improvement Plan (CIP) finalized last November identified these roads would be completed in 2020 as mill and overlay projects. Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shown in Figures 17 (reference attachment). The total project roadway length is approximately 6.2 miles. The Lake Lucy Road area lies east of CR 17 (Powers Blvd.) with approximately 0.7 miles of roads builtout between 1988 and 1992. The Redwing Lane area lies east of Powers Blvd. as well, with approximately 0.5 miles of roads builtout in 1980 The Trappers Pass areas lie north of Pleasant View Road and west of TH 101, with approximately 3.0 miles of roads builtout between 1985 and 1994. This area includes the Near Mountain, Trappers Pass, and Summit developments inclusive of all of the additions. The Choctaw Circle area lies west of TH 101 with approximately 0.4 miles of roads builtout in 1978. The Kurvers Point Road area lies west of TH 101, with approximately 0.6 miles of road builtout between 1991 and 1992. The Marsh Drive area lies north of Rice Marsh Lake and south of TH 5 with approximately 1.0 miles of roads builtout in 1986. None of these roads were originally built to current city standards. None of these roads have had major rehabilitation performed since the original construction (only maintenance activities such as crack sealing, patching, and seal coats have been performed). Funding Funding for the project is proposed to come from the pavement management fund and special assessments to benefiting properties for the street improvement costs and city utility funds as required. Two spreadsheets showing the impacts of this project to the revolving special assessment fund CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectResolution 2020XX: Call for Public Hearing on proposed assessments for 2020 Street Improvement ProjectSectionOLD BUSINESS Item No: G.2.Prepared By George Bender, Assistant City Engineer File No: ENG 2005PROPOSED MOTION“The City Council adopts a resolution to calling for the assessment hearing for the 2020 Street Improvement Project (City Project 2005) onMonday, July 13, 2020.”Approval requires a Simple Majority Vote of members present.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with KimleyHorn & Associates and authorized preparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public. Notifications weresent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to be held on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project.DISCUSSIONThe scope of the 2020 City Pavement Rehabilitation Project consists of six neighborhood areas (reference attached 2020 Local PavementRehabilitation map). All of these roads have deteriorated over the years and are in need of rehabilitation. The City's 5year Capital ImprovementPlan (CIP) finalized last November identified these roads would be completed in 2020 as mill and overlay projects.Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shown in Figures 17 (referenceattachment). The total project roadway length is approximately 6.2 miles.The Lake Lucy Road area lies east of CR 17 (Powers Blvd.) with approximately 0.7 miles of roads builtout between 1988 and 1992.The Redwing Lane area lies east of Powers Blvd. as well, with approximately 0.5 miles of roads builtout in 1980The Trappers Pass areas lie north of Pleasant View Road and west of TH 101, with approximately 3.0 miles of roads builtout between 1985and 1994. This area includes the Near Mountain, Trappers Pass, and Summit developments inclusive of all of the additions.The Choctaw Circle area lies west of TH 101 with approximately 0.4 miles of roads builtout in 1978.The Kurvers Point Road area lies west of TH 101, with approximately 0.6 miles of road builtout between 1991 and 1992.The Marsh Drive area lies north of Rice Marsh Lake and south of TH 5 with approximately 1.0 miles of roads builtout in 1986.None of these roads were originally built to current city standards. None of these roads have had major rehabilitation performed since the originalconstruction (only maintenance activities such as crack sealing, patching, and seal coats have been performed).Funding Funding for the project is proposed to come from the pavement management fund and special assessments to benefiting properties for the street improvement costs and city utility funds as required. Two spreadsheets showing the impacts of this project to the revolving special assessment fund balance are attached, one showing current year assessments which is typical, and a second showing a oneyear deferred assessment. The total project costs are shown below, although the assessments are only based on the roadway improvements portion shown in the feasibility report. Per the city’s assessment practice, 40% of the roadway costs are proposed to be assessed to the benefiting property owners. The preliminary special assessments from the feasibility study for the six areas identified are as follows: Lake Lucy Road area: $3,068 Kurvers Point Road area: $4,340 Marsh Drive area: $2,336 Redwing Lane area: $1,960 Choctaw Circle area: $2,160 Trappers Pass area: $3,048 Per State Statute, the City Council must call the assessment hearing and publish the hearing date at least two weeks prior to the assessment hearing. Staff will publish the notice in the June 25, 2020 edition of the Chanhassen Villager. This schedule provides over two weeks’ time between the publication date and the assessment hearing on July 13, 2020. Schedule RECOMMENDATION Staff recommends adoption of the resolution calling for the assessment hearing for this project. ATTACHMENTS: Resolution 20XX Figures 17 Project Area Map CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 22, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION CALLING FOR THE ASSESSMENT HEARING FOR THE 2020 STREET IMPROVEMENT PROJECT (CITY PROJECT 20-05) WHEREAS, Minnesota State Statute 429 regarding special assessments for public improvement projects requires City Council to officially set the assessment hearing date for capital improvement projects; and WHEREAS, the 2020 Street Improvement project bids were received on June 19th, 2020; and WHEREAS, a public open house will be scheduled ahead of the assessment hearing to review the proposed project improvements and assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that: 1. A hearing shall be held on the 13th day of July, 2020 in the Council Chambers at City Hall at 7:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvements. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment rolls not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Chanhassen, except that no interest shall be charged if the entire assessment is paid by October 1 of the year the assessment is adopted. The property owner may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Passed and adopted by the Chanhassen City Council this 22nd day of June, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT 2020 City Pavement Rehabilitation Maps (Figures 1-7) Figure 1: Lake Lucy Road Area Map Figure 2: Choctaw Circle Area Map Figure 3: Kurvers Point Road Area Map Figure 4: Marsh Drive Area Map Figure 5: Redwing Lane Area Map Figure 6: Trappers Pass (West) Area Map Figure 7: Trappers Pass (East) Area Map "F)³CH ±Lake Lucy LakeAnn Lotus Lake Lake Susan NorthLotusLakePark CarverBeachPark Lake SusanPark LakeAnnPark MeadowGreenPark SouthLotusLakePark PleasantViewPreserve K eber P ondChristmasLake ?©A@?©A@ ?ûA@ ?ûA@ GïWX GqWX GqWX GqWX Date Created: 12/17/2019 Document Path: K:\WSB\Maps\Engineering\StreetCIP_2019\LocalPavementRehabProject_2020.mxd Created By: City of Chanhassen - Engineering Department³CH ±City Hall "F)Fire Station 2020 - Mill & Overlay Railroad Rivers Lakes Parks Parcel Boundaries City of Chanhassen 2020 Local Pavement Rehabilitation Project (20-05) µ0 1,600Feet 0 0.25Mile CITY COUNCIL STAFF REPORT Monday, June 22, 2020 Subject Review of Claims Paid 06222020 Section CORRESPONDENCE DISCUSSION Item No: L.1. Prepared By Greg Sticha, Finance Director File No: SUMMARY The following claims are submitted for review on June 22, 2020: Check Numbers Amounts 173334 – 173421 $489,297.24 ACH Payments $378,838.54 Total All Claims $868,135.78 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 6/12/2020 2:21 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount AllStaC All State Companies, Inc 06/05/2020 0.00 250.00173334 ARAMAR ARAMARK Refreshment Services, LLC 06/05/2020 0.00 756.50173335 ASPEQU Aspen Equipment 06/05/2020 0.00 5,771.00173336 BarGro Barnwood Group 06/05/2020 0.00 250.00173337 BRYROC BRYAN ROCK PRODUCTS INC 06/05/2020 0.00 2,454.33173338 CarJod Jody Carlson 06/05/2020 0.00 250.00173339 EmbMinn CENTURYLINK 06/05/2020 0.00 1,929.45173340 CITEDE CITY OF EDEN PRAIRIE 06/05/2020 0.00 2,000.00173341 CORMAI CORE & MAIN LP 06/05/2020 0.00 4,974.42173342 DemSig Demars Signs 06/05/2020 0.00 100.00173343 DLTSOL DLT SOLUTIONS INC 06/05/2020 0.00 2,346.30173344 EROPRO EROSION PRODUCTS LLC 06/05/2020 0.00 225.00173345 FACMOT FACTORY MOTOR PARTS COMPANY 06/05/2020 0.00 385.12173346 GOPERM Go Permits LLC 06/05/2020 0.00 245.69173347 HERLAN HERMAN'S LANDSCAPE SUPPLIES INC 06/05/2020 0.00 595.00173348 Loc49 IUOE Local #49 06/05/2020 0.00 700.00173349 K2BATH K2 Bath Design 06/05/2020 0.00 250.00173350 KarChe Karl Chevrolet, Inc 06/05/2020 0.00 29,256.54173351 KENGRA KENNEDY & GRAVEN, CHARTERED 06/05/2020 0.00 2,062.50173352 UB*01954 MATTHEW & MELISSA LIST 06/05/2020 0.00 1,765.01173353 MILWIN Milbank Winwater Works 06/05/2020 0.00 782.99173354 MINROA Minnesota Roadways Co 06/05/2020 0.00 228.95173355 NCPERS MN NCPERS LIFE INSURANCE 06/05/2020 0.00 96.00173356 MusoJose Joseph Musolf 06/05/2020 0.00 147.95173357 NORASP NORTHWEST ASPHALT INC 06/05/2020 0.00 44,476.25173358 RolJos Joseph Rolandelli 06/05/2020 0.00 250.00173359 RUSTCAND Candace Rust 06/05/2020 0.00 500.00173360 SHEWIL SHERWIN WILLIAMS 06/05/2020 0.00 40.85173361 SIGNSO SIGNSOURCE 06/05/2020 0.00 517.00173362 TheGar The Garden By The Woods 06/05/2020 0.00 38.66173363 TheHart The Hartford 06/05/2020 0.00 1,140.55173364 ABCCLE ABC Cleaning, LLC 06/12/2020 0.00 210.00173365 ALLPET Allstate Peterbilt of South St Paul 06/12/2020 0.00 95.68173366 ALLSTR ALLSTREAM 06/12/2020 0.00 490.84173367 ASPMIL ASPEN MILLS 06/12/2020 0.00 213.48173368 BanHil Banner Hill Design 06/12/2020 0.00 163.56173369 BCATRA BCA 06/12/2020 0.00 30.00173370 BENPRO BENIEK PROPERTY SERVICES INC 06/12/2020 0.00 495.00173371 UB*01955 BURNET TITLE 06/12/2020 0.00 30.79173372 UB*01958 BURNET TITLE 06/12/2020 0.00 7.45173373 UB*01968 BURNET TITLE 06/12/2020 0.00 155.31173374 UB*01973 CASTLE PEAK PROPERTIES LLC 06/12/2020 0.00 38.39173375 CenLin CenturyLink 06/12/2020 0.00 64.00173376 CORMAI CORE & MAIN LP 06/12/2020 0.00 1,112.22173377 CUBFOO CUB FOODS 06/12/2020 0.00 83.18173378 UB*01972 CUSTOM HOME BUILDERS 06/12/2020 0.00 138.00173379 EHLERS EHLERS & ASSOCIATES INC 06/12/2020 0.00 5,025.00173380 Page 1AP Checks by Date - Summary by Check Number (6/12/2020 2:21 PM) Check No Check DateVendor NameVendor No Void Checks Check Amount ElePro ELECTRICAL PRODUCTION SERVICES INC06/12/2020 0.00 888.76173381 ENGCONS Engelsma Construction 06/12/2020 0.00 65,833.98173382 ForCon Forterra Concrete Products, Inc 06/12/2020 0.00 939.00173383 gurban G Urban Companies, Inc 06/12/2020 0.00 16,503.00173384 UB*01969 JACQUELINE ANN GIBNEY 06/12/2020 0.00 111.77173385 UB*01962 IAN & TERYN GLENN 06/12/2020 0.00 8.46173386 HERLAN HERMAN'S LANDSCAPE SUPPLIES INC 06/12/2020 0.00 255.00173387 INDLIG INDUSTRIAL AND RESIDENTIAL LIGHTING, INC06/12/2020 0.00 36.00173388 INFSEN InfoSense Inc 06/12/2020 0.00 4,625.00173389 JAGCOM Jaguar Communications Inc 06/12/2020 0.00 53.60173390 UB*01961 JOSEPH & RITA 06/12/2020 0.00 65.94173391 KirJer Jeremy Kirschbaum 06/12/2020 0.00 100.00173392 KRAMCOUR COURTNEY or Matt KRAMER 06/12/2020 0.00 100.00173393 UB*01960 LAKE TITLE LLC 06/12/2020 0.00 60.73173394 UB*01967 LANDTITLE 06/12/2020 0.00 17.95173395 LEAINS LEAGUE OF MN CITIES INS TRUST 06/12/2020 0.00 106,310.00173396 LinNan Nancy Link 06/12/2020 0.00 25.00173397 MatKyl Kyle Matheson 06/12/2020 0.00 100.00173398 McCMic Michael & Jennifer McCally 06/12/2020 0.00 100.00173399 METCO2 METROPOLITAN COUNCIL 06/12/2020 0.00 172,654.49173400 MINROA Minnesota Roadways Co 06/12/2020 0.00 228.95173401 UB*01956 MINNESOTA TITLE 06/12/2020 0.00 21.92173402 UB*01971 OPENDOOR PROPERTY 06/12/2020 0.00 72.20173403 UB*01970 AMBER & JAMES PASS 06/12/2020 0.00 14.06173404 PILDRY PILGRIM DRY CLEANERS 06/12/2020 0.00 816.48173405 PremLL Premier Lawn & Landscape LLC 06/12/2020 0.00 348.97173406 RAITRE RAINBOW TREE COMPANY 06/12/2020 0.00 640.00173407 RUTLSTEP STEPHANIE RUTLEDGE 06/12/2020 0.00 50.00173408 UB*01957 KAMAL K & KUMUD M SAHGAL 06/12/2020 0.00 141.75173409 SHOTRU SHOREWOOD TRUE VALUE 06/12/2020 0.00 78.51173410 SHRNGO Shred-N-Go Inc 06/12/2020 0.00 925.00173411 SupTur Superior Turf Services Inc.06/12/2020 0.00 705.04173412 UB*01963 SAM & JESSICA TEUT 06/12/2020 0.00 136.78173413 TorLor Lori Toruno 06/12/2020 0.00 72.00173414 UB*01959 TRADEMARK TITLE SERVICES 06/12/2020 0.00 16.52173415 UB*01964 TRADEMARK TITLE SERVICES 06/12/2020 0.00 32.22173416 VeoEnv Veolia Environmental Services 06/12/2020 0.00 90.35173417 VosMit Mitch Voss 06/12/2020 0.00 1,200.00173418 WastMana Waste Management of Minnesota, Inc 06/12/2020 0.00 1,592.17173419 UB*01965 WATERMARK TITLE AGENCY 06/12/2020 0.00 11.74173420 UB*01966 KYLE & KIRSTEN WENKUS 06/12/2020 0.00 174.94173421 Report Total (88 checks): 489,297.24 0.00 Page 2AP Checks by Date - Summary by Check Number (6/12/2020 2:21 PM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 6/12/2020 2:21 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH AMESOL AMERICAN SOLUTIONS 06/05/2020 0.00 315.72 ACH GOPSTA GOPHER STATE ONE-CALL INC 06/05/2020 0.00 1,009.80 ACH GRANIC GRANICUS INC 06/05/2020 0.00 4,500.00 ACH InnOff Innovative Office Solutions LLC 06/05/2020 0.00 33.66 ACH KATFUE KATH FUEL OIL SERVICE 06/05/2020 0.00 2,169.00 ACH MINGER MINGER CONSTRUCTION 06/05/2020 0.00 1,662.00 ACH MVEC MN VALLEY ELECTRIC COOP 06/05/2020 0.00 137.85 ACH NAPA NAPA AUTO & TRUCK PARTS 06/05/2020 0.00 102.26 ACH NusEqu Nuss Truck & Equipment 06/05/2020 0.00 171.48 ACH OREAUT O'Reilly Automotive Inc 06/05/2020 0.00 386.63 ACH PRALAW PRAIRIE LAWN & GARDEN 06/05/2020 0.00 46.77 ACH STAPRO Stavros Properties 06/05/2020 0.00 304.85 ACH SunLif Sun Life Financial 06/05/2020 0.00 1,502.41 ACH UNIWAY UNITED WAY 06/05/2020 0.00 30.40 ACH VERIZO VERIZON WIRELESS 06/05/2020 0.00 4,670.48 ACH VESSCO VESSCO INC 06/05/2020 0.00 800.00 ACH WMMUE WM MUELLER & SONS INC 06/05/2020 0.00 6,211.14 ACH AllTra All Traffic Solutions 06/12/2020 0.00 3,000.00 ACH AMEENG AMERICAN ENGINEERING TESTING 06/12/2020 0.00 29,216.90 ACH BENEXT BENEFIT EXTRAS INC 06/12/2020 0.00 49.34 ACH BOLMEN BOLTON & MENK INC 06/12/2020 0.00 2,214.00 ACH CAMKNU CAMPBELL KNUTSON 06/12/2020 0.00 18,840.32 ACH carcou Carver County 06/12/2020 0.00 13,475.58 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 06/12/2020 0.00 6,166.20 ACH CRYINF Crystal Infosystems LLC 06/12/2020 0.00 348.95 ACH HenPro Henning Professional Services, Inc 06/12/2020 0.00 305.00 ACH INDLAN Indoor Landscapes Inc 06/12/2020 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 06/12/2020 0.00 61.18 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 06/12/2020 0.00 97,396.50 ACH LYMLUM LYMAN LUMBER 06/12/2020 0.00 1,404.75 ACH MACEQU MACQUEEN EQUIPMENT 06/12/2020 0.00 186.85 ACH MADGAL MADDEN GALANTER HANSEN LLP 06/12/2020 0.00 2,057.00 ACH Marco Marco Inc 06/12/2020 0.00 1,112.54 ACH MERACE MERLINS ACE HARDWARE 06/12/2020 0.00 738.12 ACH MVEC MN VALLEY ELECTRIC COOP 06/12/2020 0.00 5,883.32 ACH NAPA NAPA AUTO & TRUCK PARTS 06/12/2020 0.00 19.13 ACH PLAYPO PLAYPOWER LT FARMINGTON 06/12/2020 0.00 110,000.00 ACH PotMN Potentia MN Solar 06/12/2020 0.00 9,631.45 ACH MINCON SUMMIT COMPANIES 06/12/2020 0.00 2,560.00 ACH TWISEE TWIN CITY SEED CO. 06/12/2020 0.00 988.00 ACH WMMUE WM MUELLER & SONS INC 06/12/2020 0.00 1,983.00 ACH WSB WSB & ASSOCIATES INC 06/12/2020 0.00 31,599.50 ACH XCEL XCEL ENERGY INC 06/12/2020 0.00 15,359.46 Report Total: 0.00 378,838.54 Page 1 of 1 Accounts Payable Check Detail-Checks User: dwashburn Printed: 06/12/2020 - 2:28 PM Name Check Dat Account Description Amount ABC Cleaning, LLC 06/12/2020 101-1170-4300 Carpet Cleaning 210.00 ABC Cleaning, LLC 210.00 All State Companies, Inc 06/05/2020 815-8202-2024 7024 Dakota Ave 250.00 All State Companies, Inc 250.00 Allstate Peterbilt of South St Paul 06/12/2020 101-1550-4120 Parts 95.68 Allstate Peterbilt of South St Paul 95.68 ALLSTREAM 06/12/2020 101-1160-4300 Mitel Phone System Maintenance 7/18 - 8/17 490.84 ALLSTREAM 490.84 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Coffee 134.00 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Coffee 90.50 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Coffee 232.00 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Water Filter 200.00 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Water Filter 50.00 ARAMARK Refreshment Services, LLC 06/05/2020 101-1170-4110 Water Filter 50.00 ARAMARK Refreshment Services, LLC 756.50 Aspen Equipment 06/05/2020 400-4120-4704 Snow Plow 5,771.00 Aspen Equipment 5,771.00 ASPEN MILLS 06/12/2020 101-1220-4240 Clothing 145.35 ASPEN MILLS 06/12/2020 101-1220-4240 Clothing 68.13 ASPEN MILLS 213.48 Banner Hill Design 06/12/2020 720-7202-4300 City Hall front planters 163.56 Banner Hill Design 163.56 Barnwood Group 06/05/2020 815-8202-2024 4041 Leslee Curve 250.00 Barnwood Group 250.00 BCA 06/12/2020 101-1120-4300 Criminal Background Investigation 30.00 BCA 30.00 BENIEK PROPERTY SERVICES INC 06/12/2020 101-1550-4300 Mowing and Trimming 495.00 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 1 of 9 Name Check Dat Account Description Amount BENIEK PROPERTY SERVICES INC 495.00 BRYAN ROCK PRODUCTS INC 06/05/2020 101-1320-4150 Materials 2,454.33 BRYAN ROCK PRODUCTS INC 2,454.33 BURNET TITLE 06/12/2020 720-0000-2020 Refund Check 8.12 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 1.58 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 8.66 BURNET TITLE 06/12/2020 701-0000-2020 Refund Check 12.43 BURNET TITLE 06/12/2020 701-0000-2020 Refund Check 3.59 BURNET TITLE 06/12/2020 720-0000-2020 Refund Check 1.69 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 1.84 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 0.33 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 3.20 BURNET TITLE 06/12/2020 700-0000-2020 Refund Check 49.37 BURNET TITLE 06/12/2020 701-0000-2020 Refund Check 86.21 BURNET TITLE 06/12/2020 720-0000-2020 Refund Check 16.53 BURNET TITLE 193.55 Carlson Jody 06/05/2020 815-8202-2024 4041 Leslee Curve 250.00 Carlson Jody 250.00 CASTLE PEAK PROPERTIES LLC 06/12/2020 700-0000-2020 Refund Check 9.64 CASTLE PEAK PROPERTIES LLC 06/12/2020 701-0000-2020 Refund Check 22.25 CASTLE PEAK PROPERTIES LLC 06/12/2020 720-0000-2020 Refund Check 5.45 CASTLE PEAK PROPERTIES LLC 06/12/2020 700-0000-2020 Refund Check 1.05 CASTLE PEAK PROPERTIES LLC 38.39 CenturyLink 06/12/2020 700-0000-4310 Monthly Service 32.00 CenturyLink 06/12/2020 701-0000-4310 Monthly Service 32.00 CENTURYLINK 06/05/2020 700-0000-4310 Monthly Service 15.13 CENTURYLINK 06/05/2020 700-7019-4310 Monthly Service 210.27 CENTURYLINK 06/05/2020 701-0000-4310 Monthly Service 15.13 CENTURYLINK 06/05/2020 101-1160-4320 Monthly Service 250.00 CENTURYLINK 06/05/2020 101-1190-4310 Monthly Service 127.20 CENTURYLINK 06/05/2020 101-1540-4310 Monthly Service 95.40 CENTURYLINK 06/05/2020 101-1170-4310 Monthly Service 934.60 CENTURYLINK 06/05/2020 700-0000-4310 Monthly Service 6.36 CENTURYLINK 06/05/2020 701-0000-4310 Monthly Service 6.36 CENTURYLINK 06/05/2020 101-1550-4310 Monthly Service 30.04 CENTURYLINK 06/05/2020 101-1350-4310 Monthly Service 30.04 CENTURYLINK 06/05/2020 101-1220-4310 Monthly Service 33.04 CENTURYLINK 06/05/2020 101-1370-4310 Monthly Service 50.88 CENTURYLINK 06/05/2020 101-1160-4320 Monthly Service 125.00 CENTURYLINK 1,993.45 CITY OF EDEN PRAIRIE 06/05/2020 101-1120-4360 WAFTA Dues 2,000.00 CITY OF EDEN PRAIRIE 2,000.00 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 2 of 9 Name Check Dat Account Description Amount CORE & MAIN LP 06/05/2020 101-1550-4120 Supplies 22.89 CORE & MAIN LP 06/05/2020 700-0000-4550 Parts 860.14 CORE & MAIN LP 06/05/2020 700-0000-4550 Parts 2,782.44 CORE & MAIN LP 06/05/2020 700-0000-4250 Water Meters 1,308.95 CORE & MAIN LP 06/12/2020 701-0000-4150 Parts 996.20 CORE & MAIN LP 06/12/2020 700-0000-4550 Parts 116.02 CORE & MAIN LP 6,086.64 CUB FOODS 06/12/2020 101-1220-4290 Detergent 12.87 CUB FOODS 06/12/2020 101-1220-4290 Water/Batteries 54.21 CUB FOODS 06/12/2020 101-1220-4350 Detergent 16.10 CUB FOODS 83.18 CUSTOM HOME BUILDERS 06/12/2020 700-0000-2020 Refund Check 46.11 CUSTOM HOME BUILDERS 06/12/2020 701-0000-2020 Refund Check 85.71 CUSTOM HOME BUILDERS 06/12/2020 720-0000-2020 Refund Check 5.18 CUSTOM HOME BUILDERS 06/12/2020 700-0000-2020 Refund Check 1.00 CUSTOM HOME BUILDERS 138.00 Demars Signs 06/05/2020 101-0000-2033 Overpayment 100.00 Demars Signs 100.00 DLT SOLUTIONS INC 06/05/2020 101-1160-4220 AutoCAD Annual Subscription Renewal 2,346.30 DLT SOLUTIONS INC 2,346.30 EHLERS & ASSOCIATES INC 06/12/2020 300-0000-4300 Arbitrage 2,390.00 EHLERS & ASSOCIATES INC 06/12/2020 300-0000-4300 Frontier Redevelopement 2,635.00 EHLERS & ASSOCIATES INC 5,025.00 ELECTRICAL PRODUCTION SERVICES INC 06/12/2020 700-0000-4530 Repair Services 888.76 ELECTRICAL PRODUCTION SERVICES INC 888.76 Engelsma Construction 06/12/2020 400-4003-4706 Fire Dept Remodel 65,833.98 Engelsma Construction 65,833.98 EROSION PRODUCTS LLC 06/05/2020 101-1320-4540 Turf Reinforcement Mat 225.00 EROSION PRODUCTS LLC 225.00 FACTORY MOTOR PARTS COMPANY 06/05/2020 101-1370-4510 Parts 385.12 FACTORY MOTOR PARTS COMPANY 385.12 Forterra Concrete Products, Inc 06/12/2020 701-0000-4551 Minnewashta Cone Section 939.00 Forterra Concrete Products, Inc 939.00 G Urban Companies, Inc 06/12/2020 605-6502-4751 CP 14-08 CSAH 101 Building Demo 16,503.00 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 3 of 9 Name Check Dat Account Description Amount G Urban Companies, Inc 16,503.00 GIBNEY JACQUELINE ANN 06/12/2020 700-0000-2020 Refund Check 35.61 GIBNEY JACQUELINE ANN 06/12/2020 720-0000-2020 Refund Check 13.24 GIBNEY JACQUELINE ANN 06/12/2020 700-0000-2020 Refund Check 2.56 GIBNEY JACQUELINE ANN 06/12/2020 701-0000-2020 Refund Check 60.36 GIBNEY JACQUELINE ANN 111.77 GLENN IAN & TERYN 06/12/2020 700-0000-2020 Refund Check 3.82 GLENN IAN & TERYN 06/12/2020 701-0000-2020 Refund Check 2.01 GLENN IAN & TERYN 06/12/2020 720-0000-2020 Refund Check 2.19 GLENN IAN & TERYN 06/12/2020 700-0000-2020 Refund Check 0.44 GLENN IAN & TERYN 8.46 Go Permits LLC 06/05/2020 101-1250-3301 refund permit-8131 Dakota Lane 94.44 Go Permits LLC 06/05/2020 101-1250-3301 refund permit-7018 Cheyenne Trail 147.75 Go Permits LLC 06/05/2020 101-0000-2022 refund permit-7018 Cheyenne Trail 3.50 Go Permits LLC 245.69 HERMAN'S LANDSCAPE SUPPLIES INC 06/05/2020 700-0000-4150 Materials 170.00 HERMAN'S LANDSCAPE SUPPLIES INC 06/05/2020 700-0000-4552 Materials 170.00 HERMAN'S LANDSCAPE SUPPLIES INC 06/05/2020 700-0000-4552 Materials 255.00 HERMAN'S LANDSCAPE SUPPLIES INC 06/12/2020 700-0000-4552 Materials 255.00 HERMAN'S LANDSCAPE SUPPLIES INC 850.00 INDUSTRIAL AND RESIDENTIAL LIGHTING, INC06/12/2020 101-1190-4510 Light Trap Holder 36.00 INDUSTRIAL AND RESIDENTIAL LIGHTING, INC 36.00 InfoSense Inc 06/12/2020 701-0000-4551 Rental Equipment 4,625.00 InfoSense Inc 4,625.00 IUOE Local #49 06/05/2020 101-0000-2004 PR Batch 00405.06.2020 Local 49 dues 413.78 IUOE Local #49 06/05/2020 700-0000-2004 PR Batch 00405.06.2020 Local 49 dues 228.27 IUOE Local #49 06/05/2020 701-0000-2004 PR Batch 00405.06.2020 Local 49 dues 57.95 IUOE Local #49 700.00 Jaguar Communications Inc 06/12/2020 700-7043-4310 Fiber Business Line 53.60 Jaguar Communications Inc 53.60 JOSEPH & RITA 06/12/2020 700-0000-2020 Refund Check 3.86 JOSEPH & RITA 06/12/2020 700-0000-2020 Refund Check 20.96 JOSEPH & RITA 06/12/2020 701-0000-2020 Refund Check 37.30 JOSEPH & RITA 06/12/2020 720-0000-2020 Refund Check 3.82 JOSEPH & RITA 65.94 K2 Bath Design 06/05/2020 815-8202-2024 1791 Ringneck Dr 250.00 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 4 of 9 Name Check Dat Account Description Amount K2 Bath Design 250.00 Karl Chevrolet, Inc 06/05/2020 400-4120-4704 2020 Chev Silverado 29,256.54 Karl Chevrolet, Inc 29,256.54 KENNEDY & GRAVEN, CHARTERED 06/05/2020 605-6502-4300 Legal Services through April 30, 2020 2,062.50 KENNEDY & GRAVEN, CHARTERED 2,062.50 Kirschbaum Jeremy 06/12/2020 720-7204-4901 Waterwise Rebate 100.00 Kirschbaum Jeremy 100.00 KRAMER COURTNEY or Matt 06/12/2020 720-7204-4901 Waterwise Rebate 100.00 KRAMER COURTNEY or Matt 100.00 LAKE TITLE LLC 06/12/2020 701-0000-2020 Refund Check 30.39 LAKE TITLE LLC 06/12/2020 700-0000-2020 Refund Check 18.82 LAKE TITLE LLC 06/12/2020 720-0000-2020 Refund Check 9.65 LAKE TITLE LLC 06/12/2020 700-0000-2020 Refund Check 1.87 LAKE TITLE LLC 60.73 LANDTITLE 06/12/2020 700-0000-2020 Refund Check 5.78 LANDTITLE 06/12/2020 701-0000-2020 Refund Check 8.01 LANDTITLE 06/12/2020 720-0000-2020 Refund Check 3.48 LANDTITLE 06/12/2020 700-0000-2020 Refund Check 0.68 LANDTITLE 17.95 LEAGUE OF MN CITIES INS TRUST 06/12/2020 101-1170-4483 Property/Casualty Coverage 45,598.00 LEAGUE OF MN CITIES INS TRUST 06/12/2020 101-1170-4483 Workers Comp 60,712.00 LEAGUE OF MN CITIES INS TRUST 106,310.00 Link Nancy 06/12/2020 101-1260-3320 Stable Permit Refund 25.00 Link Nancy 25.00 LIST MATTHEW & MELISSA 06/05/2020 700-0000-2020 Refund Check 676.78 LIST MATTHEW & MELISSA 06/05/2020 701-0000-2020 Refund Check 894.95 LIST MATTHEW & MELISSA 06/05/2020 720-0000-2020 Refund Check 170.20 LIST MATTHEW & MELISSA 06/05/2020 700-0000-2020 Refund Check 23.08 LIST MATTHEW & MELISSA 1,765.01 Matheson Kyle 06/12/2020 720-7204-4901 Waterwise Rebate 100.00 Matheson Kyle 100.00 McCally Michael & Jennifer 06/12/2020 720-7204-4901 Waterwise Rebate 100.00 McCally Michael & Jennifer 100.00 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 5 of 9 Name Check Dat Account Description Amount METROPOLITAN COUNCIL 06/12/2020 701-0000-4509 Water Water Services 172,654.49 METROPOLITAN COUNCIL 172,654.49 Milbank Winwater Works 06/05/2020 700-0000-4550 Parts 782.99 Milbank Winwater Works 782.99 Minnesota Roadways Co 06/05/2020 420-0000-4751 Asphalt Emulsion 228.95 Minnesota Roadways Co 06/12/2020 420-0000-4751 Asphalt Emulsion 228.95 Minnesota Roadways Co 457.90 MINNESOTA TITLE 06/12/2020 700-0000-2020 Refund Check 4.14 MINNESOTA TITLE 06/12/2020 701-0000-2020 Refund Check 10.46 MINNESOTA TITLE 06/12/2020 720-0000-2020 Refund Check 6.13 MINNESOTA TITLE 06/12/2020 700-0000-2020 Refund Check 1.19 MINNESOTA TITLE 21.92 MN NCPERS LIFE INSURANCE 06/05/2020 101-0000-2011 PR Batch 00405.06.2020 NCPERS-Life Insurance 68.05 MN NCPERS LIFE INSURANCE 06/05/2020 210-0000-2011 PR Batch 00405.06.2020 NCPERS-Life Insurance 3.97 MN NCPERS LIFE INSURANCE 06/05/2020 700-0000-2011 PR Batch 00405.06.2020 NCPERS-Life Insurance 11.20 MN NCPERS LIFE INSURANCE 06/05/2020 701-0000-2011 PR Batch 00405.06.2020 NCPERS-Life Insurance 11.19 MN NCPERS LIFE INSURANCE 06/05/2020 720-0000-2011 PR Batch 00405.06.2020 NCPERS-Life Insurance 1.59 MN NCPERS LIFE INSURANCE 96.00 Musolf Joseph 06/05/2020 101-1320-4240 clothing allowance-pants 147.95 Musolf Joseph 147.95 NORTHWEST ASPHALT INC 06/05/2020 420-4224-4751 Pot Hole Patchin 44,476.25 NORTHWEST ASPHALT INC 44,476.25 OPENDOOR PROPERTY 06/12/2020 700-0000-2020 Refund Check 18.34 OPENDOOR PROPERTY 06/12/2020 701-0000-2020 Refund Check 42.03 OPENDOOR PROPERTY 06/12/2020 720-0000-2020 Refund Check 9.92 OPENDOOR PROPERTY 06/12/2020 700-0000-2020 Refund Check 1.91 OPENDOOR PROPERTY 72.20 PASS AMBER & JAMES 06/12/2020 701-0000-2020 Refund Check 6.58 PASS AMBER & JAMES 06/12/2020 720-0000-2020 Refund Check 2.67 PASS AMBER & JAMES 06/12/2020 700-0000-2020 Refund Check 4.29 PASS AMBER & JAMES 06/12/2020 700-0000-2020 Refund Check 0.52 PASS AMBER & JAMES 14.06 PILGRIM DRY CLEANERS 06/12/2020 101-1220-4300 Laundry - Fire Department 816.48 PILGRIM DRY CLEANERS 816.48 Premier Lawn & Landscape LLC 06/12/2020 700-7043-4150 Fertilization/Weed Control - West/East Plant 348.97 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 6 of 9 Name Check Dat Account Description Amount Premier Lawn & Landscape LLC 348.97 RAINBOW TREE COMPANY 06/12/2020 720-7202-4300 Chan Elem/Rec Center Apply Spray 640.00 RAINBOW TREE COMPANY 640.00 Rolandelli Joseph 06/05/2020 815-8202-2024 7620 Windsor Court 250.00 Rolandelli Joseph 250.00 Rust Candace 06/05/2020 815-8202-2024 1331 Ashton Ct 500.00 Rust Candace 500.00 RUTLEDGE STEPHANIE 06/12/2020 720-7204-4901 Waterwise Rebate 50.00 RUTLEDGE STEPHANIE 50.00 SAHGAL KAMAL K & KUMUD M 06/12/2020 700-0000-2020 Refund Check 3.40 SAHGAL KAMAL K & KUMUD M 06/12/2020 700-0000-2020 Refund Check 44.36 SAHGAL KAMAL K & KUMUD M 06/12/2020 701-0000-2020 Refund Check 76.44 SAHGAL KAMAL K & KUMUD M 06/12/2020 720-0000-2020 Refund Check 17.55 SAHGAL KAMAL K & KUMUD M 141.75 SHERWIN WILLIAMS 06/05/2020 101-1370-4120 Paint 40.85 SHERWIN WILLIAMS 40.85 SHOREWOOD TRUE VALUE 06/12/2020 101-1220-4350 Cleaners 30.98 SHOREWOOD TRUE VALUE 06/12/2020 101-1170-4510 Materials 7.07 SHOREWOOD TRUE VALUE 06/12/2020 601-6038-4120 Materials 40.46 SHOREWOOD TRUE VALUE 78.51 Shred-N-Go Inc 06/12/2020 720-7201-4300 Community Paper Shredding 925.00 Shred-N-Go Inc 925.00 SIGNSOURCE 06/05/2020 101-1550-4120 Banner 517.00 SIGNSOURCE 517.00 Superior Turf Services Inc.06/12/2020 101-1550-4120 Materials 705.04 Superior Turf Services Inc. 705.04 TEUT SAM & JESSICA 06/12/2020 701-0000-2020 Refund Check 73.53 TEUT SAM & JESSICA 06/12/2020 720-0000-2020 Refund Check 18.00 TEUT SAM & JESSICA 06/12/2020 700-0000-2020 Refund Check 41.77 TEUT SAM & JESSICA 06/12/2020 700-0000-2020 Refund Check 3.48 TEUT SAM & JESSICA 136.78 The Garden By The Woods 06/05/2020 101-1550-4120 Materials 38.66 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 7 of 9 Name Check Dat Account Description Amount The Garden By The Woods 38.66 The Hartford 06/05/2020 101-1120-4040 June LTD 72.58 The Hartford 06/05/2020 101-1130-4040 June LTD 50.38 The Hartford 06/05/2020 101-1160-4040 June LTD 27.53 The Hartford 06/05/2020 101-1250-4040 June LTD 110.48 The Hartford 06/05/2020 101-1310-4040 June LTD 86.30 The Hartford 06/05/2020 101-1320-4040 June LTD 136.57 The Hartford 06/05/2020 101-1370-4040 June LTD 48.31 The Hartford 06/05/2020 101-1520-4040 June LTD 36.11 The Hartford 06/05/2020 101-1530-4040 June LTD 15.05 The Hartford 06/05/2020 101-1560-4040 June LTD 12.59 The Hartford 06/05/2020 101-1600-4040 June LTD 26.96 The Hartford 06/05/2020 101-1700-4040 June LTD 3.00 The Hartford 06/05/2020 101-1550-4040 June LTD 107.26 The Hartford 06/05/2020 101-1420-4040 June LTD 83.36 The Hartford 06/05/2020 101-1430-4040 June LTD 5.00 The Hartford 06/05/2020 210-0000-4040 June LTD 18.67 The Hartford 06/05/2020 720-7201-4040 June LTD 5.90 The Hartford 06/05/2020 720-7202-4040 June LTD 5.90 The Hartford 06/05/2020 101-1170-4040 June LTD 12.87 The Hartford 06/05/2020 101-1220-4040 June LTD 44.02 The Hartford 06/05/2020 701-0000-4040 June LTD 81.69 The Hartford 06/05/2020 700-0000-4040 June LTD 107.19 The Hartford 06/05/2020 720-0000-4040 June LTD 42.83 The Hartford 1,140.55 Toruno Lori 06/12/2020 101-1534-3631 Dance Tickets Refund 72.00 Toruno Lori 72.00 TRADEMARK TITLE SERVICES 06/12/2020 700-0000-2020 Refund Check 5.40 TRADEMARK TITLE SERVICES 06/12/2020 701-0000-2020 Refund Check 9.34 TRADEMARK TITLE SERVICES 06/12/2020 720-0000-2020 Refund Check 1.41 TRADEMARK TITLE SERVICES 06/12/2020 700-0000-2020 Refund Check 0.37 TRADEMARK TITLE SERVICES 06/12/2020 700-0000-2020 Refund Check 11.31 TRADEMARK TITLE SERVICES 06/12/2020 701-0000-2020 Refund Check 17.55 TRADEMARK TITLE SERVICES 06/12/2020 720-0000-2020 Refund Check 2.82 TRADEMARK TITLE SERVICES 06/12/2020 700-0000-2020 Refund Check 0.54 TRADEMARK TITLE SERVICES 48.74 Veolia Environmental Services 06/12/2020 101-1170-4300 Lights Recycling 90.35 Veolia Environmental Services 90.35 Voss Mitch 06/12/2020 101-1320-4540 City Walk Repair 1,200.00 Voss Mitch 1,200.00 Waste Management of Minnesota, Inc 06/12/2020 101-1550-4300 Waste Services - Lake Ann 407.74 Waste Management of Minnesota, Inc 06/12/2020 101-1190-4350 Waste Services - Library 240.59 Waste Management of Minnesota, Inc 06/12/2020 101-1220-4350 Waste Services - West Fire Station 30.38 Waste Management of Minnesota, Inc 06/12/2020 101-1220-4350 Waste Services - Main Fire Station 77.97 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 8 of 9 Name Check Dat Account Description Amount Waste Management of Minnesota, Inc 06/12/2020 101-1170-4350 Waste Services - City Hall 205.66 Waste Management of Minnesota, Inc 06/12/2020 101-1370-4350 Waste Services - Public Works 121.48 Waste Management of Minnesota, Inc 06/12/2020 700-0000-4350 Waste Services - Public Works 15.18 Waste Management of Minnesota, Inc 06/12/2020 701-0000-4350 Waste Services - Public Works 15.18 Waste Management of Minnesota, Inc 06/12/2020 101-1550-4350 Waste Services - Public Works 477.99 Waste Management of Minnesota, Inc 1,592.17 WATERMARK TITLE AGENCY 06/12/2020 700-0000-2020 Refund Check 3.61 WATERMARK TITLE AGENCY 06/12/2020 701-0000-2020 Refund Check 5.70 WATERMARK TITLE AGENCY 06/12/2020 720-0000-2020 Refund Check 2.04 WATERMARK TITLE AGENCY 06/12/2020 700-0000-2020 Refund Check 0.39 WATERMARK TITLE AGENCY 11.74 WENKUS KYLE & KIRSTEN 06/12/2020 700-0000-2020 Refund Check 114.75 WENKUS KYLE & KIRSTEN 06/12/2020 701-0000-2020 Refund Check 57.05 WENKUS KYLE & KIRSTEN 06/12/2020 720-0000-2020 Refund Check 2.63 WENKUS KYLE & KIRSTEN 06/12/2020 700-0000-2020 Refund Check 0.51 WENKUS KYLE & KIRSTEN 174.94 489,297.24 Accounts Payable - Check Detail-Checks (06/12/2020 - 2:28 PM)Page 9 of 9 Accounts Payable Check Detail-ACH User: dwashburn Printed: 06/12/2020 - 2:29 PM Name Check Dat Account Description Amount All Traffic Solutions 06/12/2020 101-1310-4120 Renewal 3,000.00 All Traffic Solutions 3,000.00 AMERICAN ENGINEERING TESTING 06/12/2020 601-6047-4300 Overbudget Reduction -174.15 AMERICAN ENGINEERING TESTING 06/12/2020 601-6047-4300 Project # 28-20267, Pavement Improvements 3,374.15 AMERICAN ENGINEERING TESTING 06/12/2020 605-6502-4300 CSAH 101 26,016.90 AMERICAN ENGINEERING TESTING 29,216.90 AMERICAN SOLUTIONS 06/05/2020 101-1130-4340 Envelopes 315.72 AMERICAN SOLUTIONS 315.72 BENEFIT EXTRAS INC 06/12/2020 101-0000-2012 Health Insurance 13.00 BENEFIT EXTRAS INC 06/12/2020 101-1120-4300 Health Insurance 36.34 BENEFIT EXTRAS INC 49.34 BOLTON & MENK INC 06/12/2020 601-6045-4300 Chan/Powers Blvd & Lake Lucy Road 2,214.00 BOLTON & MENK INC 2,214.00 CAMPBELL KNUTSON 06/12/2020 101-1140-4302 Legal Services 18,840.32 CAMPBELL KNUTSON 18,840.32 Carver County 06/12/2020 400-4117-4703 ESRI Enterprise Renewal 13,475.58 Carver County 13,475.58 CCP NI MASTER TENANT 4 LLC 06/12/2020 700-0000-4320 Solar Energy Invoice 95.11 CCP NI MASTER TENANT 4 LLC 06/12/2020 701-0000-4320 Solar Energy Invoice 1,102.82 CCP NI MASTER TENANT 4 LLC 06/12/2020 700-7019-4320 Solar Energy Invoice 1,511.28 CCP NI MASTER TENANT 4 LLC 06/12/2020 101-1220-4320 Solar Energy Invoice 103.46 CCP NI MASTER TENANT 4 LLC 06/12/2020 101-1350-4320 Solar Energy Invoice 2,701.35 CCP NI MASTER TENANT 4 LLC 06/12/2020 101-1540-4320 Solar Energy Invoice 303.82 CCP NI MASTER TENANT 4 LLC 06/12/2020 101-1550-4320 Solar Energy Invoice 323.55 CCP NI MASTER TENANT 4 LLC 06/12/2020 101-1600-4320 Solar Energy Invoice 24.81 CCP NI MASTER TENANT 4 LLC 6,166.20 Crystal Infosystems LLC 06/12/2020 101-1170-4110 Toner 348.95 Crystal Infosystems LLC 348.95 GOPHER STATE ONE-CALL INC 06/05/2020 400-0000-4300 May 2020 1,009.80 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 1 of 6 Name Check Dat Account Description Amount GOPHER STATE ONE-CALL INC 1,009.80 GRANICUS INC 06/05/2020 210-0000-4300 Granicus Replacement Encoder w/install 4,500.00 GRANICUS INC 4,500.00 Henning Professional Services, Inc 06/12/2020 605-6502-4751 TH 101 305.00 Henning Professional Services, Inc 305.00 Indoor Landscapes Inc 06/12/2020 101-1170-4300 June Plant Service 187.00 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 06/05/2020 101-1170-4110 Office Supplies 33.66 Innovative Office Solutions LLC 06/12/2020 101-1170-4110 Office Supplies 61.18 Innovative Office Solutions LLC 94.84 KATH FUEL OIL SERVICE 06/05/2020 101-1370-4170 Fuel 2,169.00 KATH FUEL OIL SERVICE 2,169.00 KIMLEY HORN AND ASSOCIATES INC 06/12/2020 601-6046-4752 2020 Pavement Rehab 28,054.43 KIMLEY HORN AND ASSOCIATES INC 06/12/2020 601-6043-4752 Minnewashta Parkway Rehab 14,596.89 KIMLEY HORN AND ASSOCIATES INC 06/12/2020 605-6502-4300 TH 101 Reconstruction 54,745.18 KIMLEY HORN AND ASSOCIATES INC 97,396.50 LYMAN LUMBER 06/12/2020 101-1550-4120 Hardware, Lumber, Posts 1,404.75 LYMAN LUMBER 1,404.75 MACQUEEN EQUIPMENT 06/12/2020 701-0000-4120 Parts 186.85 MACQUEEN EQUIPMENT 186.85 MADDEN GALANTER HANSEN LLP 06/12/2020 101-1140-4302 Labor Relations Service 2,057.00 MADDEN GALANTER HANSEN LLP 2,057.00 Marco Inc 06/12/2020 101-1170-4410 Printer Rental 825.04 Marco Inc 06/12/2020 700-0000-4410 Printer Rental 115.00 Marco Inc 06/12/2020 701-0000-4410 Printer Rental 115.00 Marco Inc 06/12/2020 720-0000-4410 Printer Rental 57.50 Marco Inc 1,112.54 MERLINS ACE HARDWARE 06/12/2020 101-1212-4350 Cleaning Supplies 35.56 MERLINS ACE HARDWARE 06/12/2020 101-1220-4290 Supplies 69.90 MERLINS ACE HARDWARE 06/12/2020 101-1320-4120 Supplies 32.38 MERLINS ACE HARDWARE 06/12/2020 101-1550-4120 Supplies 364.99 MERLINS ACE HARDWARE 06/12/2020 101-1550-4151 Supplies 8.63 MERLINS ACE HARDWARE 06/12/2020 101-1550-4410 Rental Equipment 65.12 MERLINS ACE HARDWARE 06/12/2020 700-0000-4150 Materials 8.96 MERLINS ACE HARDWARE 06/12/2020 700-7019-4150 Materials 41.91 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 2 of 6 Name Check Dat Account Description Amount MERLINS ACE HARDWARE 06/12/2020 700-7043-4150 Materials 71.85 MERLINS ACE HARDWARE 06/12/2020 700-7043-4510 Materials 37.56 MERLINS ACE HARDWARE 06/12/2020 700-7043-4550 Materials 1.26 MERLINS ACE HARDWARE 738.12 MINGER CONSTRUCTION 06/05/2020 101-1320-4410 Megadeck Mat rental-2325 Hunter Drive 1,662.00 MINGER CONSTRUCTION 1,662.00 MN VALLEY ELECTRIC COOP 06/05/2020 101-1350-4320 Monthly Service 27.38 MN VALLEY ELECTRIC COOP 06/05/2020 101-1350-4320 Monthly Service 110.47 MN VALLEY ELECTRIC COOP 06/12/2020 101-1350-4320 2151 Lyman Blvd 79.78 MN VALLEY ELECTRIC COOP 06/12/2020 101-1350-4320 Bluff Crk Blvd Lights 159.59 MN VALLEY ELECTRIC COOP 06/12/2020 701-0000-4320 Electrical Charges 509.24 MN VALLEY ELECTRIC COOP 06/12/2020 101-1350-4320 96th St & St Hwy 101 Lights 21.30 MN VALLEY ELECTRIC COOP 06/12/2020 101-1350-4320 Electrical Charges 4,945.75 MN VALLEY ELECTRIC COOP 06/12/2020 101-1600-4320 Electrical Charges 31.63 MN VALLEY ELECTRIC COOP 06/12/2020 700-0000-4320 Electrical Charges 106.11 MN VALLEY ELECTRIC COOP 06/12/2020 101-1350-4320 Bluff Crk & Audubon Rd 29.92 MN VALLEY ELECTRIC COOP 6,021.17 NAPA AUTO & TRUCK PARTS 06/05/2020 101-1220-4120 Supplies 68.10 NAPA AUTO & TRUCK PARTS 06/05/2020 101-1320-4140 Supplies 34.16 NAPA AUTO & TRUCK PARTS 06/12/2020 101-1550-4120 Parts 19.13 NAPA AUTO & TRUCK PARTS 121.39 Nuss Truck & Equipment 06/05/2020 101-1320-4140 Parts 153.52 Nuss Truck & Equipment 06/05/2020 101-1320-4140 Parts 17.96 Nuss Truck & Equipment 171.48 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 20.56 O'Reilly Automotive Inc 06/05/2020 101-1320-4140 Parts -99.30 O'Reilly Automotive Inc 06/05/2020 101-1220-4120 Parts 20.55 O'Reilly Automotive Inc 06/05/2020 101-1370-4120 Parts 29.39 O'Reilly Automotive Inc 06/05/2020 701-0000-4140 Parts 5.25 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 89.76 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 89.76 O'Reilly Automotive Inc 06/05/2020 101-1550-4120 Parts 14.98 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 194.80 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 13.99 O'Reilly Automotive Inc 06/05/2020 101-1550-4140 Parts 6.89 O'Reilly Automotive Inc 386.63 PLAYPOWER LT FARMINGTON 06/12/2020 401-0000-4706 Playground Equipment 60,000.00 PLAYPOWER LT FARMINGTON 06/12/2020 401-0000-4706 Playground Equipment 50,000.00 PLAYPOWER LT FARMINGTON 110,000.00 Potentia MN Solar 06/12/2020 101-1170-4320 Solar Credit Charges 3,215.97 Potentia MN Solar 06/12/2020 700-0000-4320 Solar Credit Charges 2,233.25 Potentia MN Solar 06/12/2020 101-1190-4320 Solar Credit Charges 4,182.23 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 3 of 6 Name Check Dat Account Description Amount Potentia MN Solar 9,631.45 PRAIRIE LAWN & GARDEN 06/05/2020 101-1320-4120 Parts 46.77 PRAIRIE LAWN & GARDEN 46.77 Stavros Properties 06/05/2020 101-1171-4300 Q1 2020 Easement Fees 304.85 Stavros Properties 304.85 SUMMIT COMPANIES 06/12/2020 101-1220-4300 Annual Monitoring 500.00 SUMMIT COMPANIES 06/12/2020 101-1170-4300 Annual Monitoring 320.00 SUMMIT COMPANIES 06/12/2020 101-1540-4300 Annual Monitoring 240.00 SUMMIT COMPANIES 06/12/2020 101-1370-4300 Annual Monitoring 500.00 SUMMIT COMPANIES 06/12/2020 101-1550-4300 Annual Monitoring 500.00 SUMMIT COMPANIES 06/12/2020 101-1190-4300 Annual Monitoring 500.00 SUMMIT COMPANIES 2,560.00 Sun Life Financial 06/05/2020 101-1120-4040 June - Life Insurance 33.36 Sun Life Financial 06/05/2020 101-1130-4040 June - Life Insurance 23.23 Sun Life Financial 06/05/2020 101-1160-4040 June - Life Insurance 12.53 Sun Life Financial 06/05/2020 101-1250-4040 June - Life Insurance 50.32 Sun Life Financial 06/05/2020 101-1310-4040 June - Life Insurance 45.82 Sun Life Financial 06/05/2020 101-1530-4040 June - Life Insurance 6.82 Sun Life Financial 06/05/2020 101-1560-4040 June - Life Insurance 5.76 Sun Life Financial 06/05/2020 101-1600-4040 June - Life Insurance 12.27 Sun Life Financial 06/05/2020 101-1700-4040 June - Life Insurance 1.36 Sun Life Financial 06/05/2020 101-1550-4040 June - Life Insurance 48.22 Sun Life Financial 06/05/2020 101-1420-4040 June - Life Insurance 38.22 Sun Life Financial 06/05/2020 101-1430-4040 June - Life Insurance 2.28 Sun Life Financial 06/05/2020 210-0000-4040 June - Life Insurance 8.48 Sun Life Financial 06/05/2020 720-7201-4040 June - Life Insurance 2.69 Sun Life Financial 06/05/2020 720-7202-4040 June - Life Insurance 2.69 Sun Life Financial 06/05/2020 101-1170-4040 June - Life Insurance 3.81 Sun Life Financial 06/05/2020 101-1220-4040 June - Life Insurance 20.45 Sun Life Financial 06/05/2020 701-0000-4040 June - Life Insurance 38.15 Sun Life Financial 06/05/2020 720-0000-4040 June - Life Insurance 19.97 Sun Life Financial 06/05/2020 101-0000-2011 June - Life Insurance 661.03 Sun Life Financial 06/05/2020 210-0000-2011 June - Life Insurance 10.59 Sun Life Financial 06/05/2020 701-0000-2011 June - Life Insurance 151.50 Sun Life Financial 06/05/2020 700-0000-2011 June - Life Insurance 151.50 Sun Life Financial 06/05/2020 720-0000-2011 June - Life Insurance 10.70 Sun Life Financial 06/05/2020 101-1320-4040 June - Life Insurance 52.75 Sun Life Financial 06/05/2020 101-1370-4040 June - Life Insurance 21.35 Sun Life Financial 06/05/2020 700-0000-4040 June - Life Insurance 49.76 Sun Life Financial 06/05/2020 101-1520-4040 June - Life Insurance 16.80 Sun Life Financial 1,502.41 TWIN CITY SEED CO.06/12/2020 101-1550-4120 Materials 484.00 TWIN CITY SEED CO.06/12/2020 101-1320-4150 Materials 504.00 TWIN CITY SEED CO. 988.00 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 4 of 6 Name Check Dat Account Description Amount UNITED WAY 06/05/2020 101-0000-2006 PR Batch 00405.06.2020 United Way 30.40 UNITED WAY 30.40 VERIZON WIRELESS 06/05/2020 101-1220-4310 Monthly Service 40.01 VERIZON WIRELESS 06/05/2020 701-0000-4310 Monthly Service 468.04 VERIZON WIRELESS 06/05/2020 720-0000-4310 Monthly Service 202.25 VERIZON WIRELESS 06/05/2020 101-1160-4310 Monthly Service 85.06 VERIZON WIRELESS 06/05/2020 101-1120-4310 Monthly Service 295.93 VERIZON WIRELESS 06/05/2020 101-1170-4310 Monthly Service 25.15 VERIZON WIRELESS 06/05/2020 101-1260-4310 Monthly Service 35.01 VERIZON WIRELESS 06/05/2020 101-1130-4310 Monthly Service 42.53 VERIZON WIRELESS 06/05/2020 101-1250-4310 Monthly Service 285.11 VERIZON WIRELESS 06/05/2020 101-1310-4310 Monthly Service 177.89 VERIZON WIRELESS 06/05/2020 101-1370-4310 Monthly Service 225.29 VERIZON WIRELESS 06/05/2020 101-1320-4310 Monthly Service 292.19 VERIZON WIRELESS 06/05/2020 101-1220-4310 Monthly Service 505.18 VERIZON WIRELESS 06/05/2020 101-0000-2033 Monthly Service 11.46 VERIZON WIRELESS 06/05/2020 101-1550-4310 Monthly Service 760.50 VERIZON WIRELESS 06/05/2020 101-1520-4310 Monthly Service 42.53 VERIZON WIRELESS 06/05/2020 101-1600-4310 Monthly Service 518.44 VERIZON WIRELESS 06/05/2020 101-1530-4310 Monthly Service 42.53 VERIZON WIRELESS 06/05/2020 700-0000-4310 Monthly Service 615.38 VERIZON WIRELESS 4,670.48 VESSCO INC 06/05/2020 700-7019-4530 Parts 800.00 VESSCO INC 800.00 WM MUELLER & SONS INC 06/05/2020 101-1320-4150 Materials 56.00 WM MUELLER & SONS INC 06/05/2020 420-0000-4751 Materials 583.90 WM MUELLER & SONS INC 06/05/2020 700-0000-4552 Materials 4,008.00 WM MUELLER & SONS INC 06/05/2020 420-0000-4751 Materials 195.84 WM MUELLER & SONS INC 06/05/2020 420-0000-4751 Materials 616.83 WM MUELLER & SONS INC 06/05/2020 700-0000-4552 Materials 261.63 WM MUELLER & SONS INC 06/05/2020 420-0000-4751 Materials 488.94 WM MUELLER & SONS INC 06/12/2020 420-0000-4751 Materials 889.63 WM MUELLER & SONS INC 06/12/2020 700-0000-4552 Materials 440.00 WM MUELLER & SONS INC 06/12/2020 420-0000-4751 Materials 306.24 WM MUELLER & SONS INC 06/12/2020 420-0000-4751 Materials 347.13 WM MUELLER & SONS INC 8,194.14 WSB & ASSOCIATES INC 06/12/2020 101-1320-4300 2020 GIS/AMS Support Services 286.20 WSB & ASSOCIATES INC 06/12/2020 700-0000-4300 2020 GIS/AMS Support Services 286.20 WSB & ASSOCIATES INC 06/12/2020 701-0000-4300 2020 GIS/AMS Support Services 286.20 WSB & ASSOCIATES INC 06/12/2020 720-0000-4300 2020 GIS/AMS Support Services 286.20 WSB & ASSOCIATES INC 06/12/2020 101-1310-4300 2020 GIS/AMS Support Services 286.20 WSB & ASSOCIATES INC 06/12/2020 420-0000-4752 2020 Chanhassen Pavement Management -Streets 445.75 WSB & ASSOCIATES INC 06/12/2020 420-0000-4752 2020 Chanhassen Pavement Management - Trails 382.25 WSB & ASSOCIATES INC 06/12/2020 720-0000-4300 Storm Water OMS Inspections Implementation 8,594.00 WSB & ASSOCIATES INC 06/12/2020 601-6046-4752 Lake Lucy Road Rehabilitation 14,261.00 WSB & ASSOCIATES INC 06/12/2020 101-1310-4300 2020 GIS Specialist Support Services 1,297.10 WSB & ASSOCIATES INC 06/12/2020 101-1320-4300 2020 GIS Specialist Support Services 1,297.10 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 5 of 6 Name Check Dat Account Description Amount WSB & ASSOCIATES INC 06/12/2020 700-0000-4300 2020 GIS Specialist Support Services 1,297.10 WSB & ASSOCIATES INC 06/12/2020 701-0000-4300 2020 GIS Specialist Support Services 1,297.10 WSB & ASSOCIATES INC 06/12/2020 720-0000-4300 2020 GIS Specialist Support Services 1,297.10 WSB & ASSOCIATES INC 31,599.50 XCEL ENERGY INC 06/12/2020 701-0000-4320 Lift Stations -1,244.90 XCEL ENERGY INC 06/12/2020 700-0000-4320 Lift Stations -1,066.38 XCEL ENERGY INC 06/12/2020 601-0000-3080 Lift Stations 398.00 XCEL ENERGY INC 06/12/2020 101-1600-4320 Park Shelter 29.92 XCEL ENERGY INC 06/12/2020 601-0000-3080 Park Shelter 28.00 XCEL ENERGY INC 06/12/2020 101-1540-4320 Parks -163.41 XCEL ENERGY INC 06/12/2020 101-1600-4320 Parks 53.08 XCEL ENERGY INC 06/12/2020 101-1550-4320 Parks -208.32 XCEL ENERGY INC 06/12/2020 601-0000-3080 Parks 388.00 XCEL ENERGY INC 06/12/2020 101-1350-4320 Lights and Signals 17,145.47 XCEL ENERGY INC 15,359.46 378,838.54 Accounts Payable - Check Detail-ACH (06/12/2020 - 2:29 PM)Page 6 of 6